요약
Before this Act, contributory negligence by the claimant was a complete defence — if the claimant was partly at fault, they recovered nothing. The Act reformed this harsh rule by providing that where a person suffers damage partly as a result of their own fault and partly as a result of the fault of another, damages shall be reduced to the extent the court thinks just and equitable having regard to the claimant's share of responsibility. This apportionment approach is now fundamental to negligence litigation.
핵심 포인트
- Where damage is caused partly by the claimant's fault, damages are reduced by a just and equitable proportion (s.1(1))
- The court must find and record the total damages and the proportion of reduction (s.1(2))
- 'Fault' includes negligence, breach of statutory duty, or other act or omission giving rise to liability in tort (s.4)
- Applies to claims in tort but not generally to claims for breach of contract (unless concurrent duty in tort)
- Does not apply where the defendant's conduct is intentional (e.g., assault)