Contributory Negligence Act




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An Act Respecting
Contributory Negligence

Short title

1 This Act may be cited as the Contributory Negligence Act. R.S., c. 95, s. 1.

Application of Act

2 This Act shall not affect any cause of action existing before the fourteenth day of April, 1954. R.S., c. 95, s. 2.

Apportionment of liability

3 (1) Where by the fault of two or more persons damage or loss is caused to one or more of them, the liability to make good the damage or loss is in proportion to the degree in which each person was at fault but if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.

Interpretation of Section

(2) Nothing in this Section operates so as to render any person liable for any damage or loss to which his fault has not contributed. R.S., c. 95, s. 3.

Determination of degrees of fault

4 Where damage or loss has been caused by the fault of two or more persons, the court shall determine the degree to which each person was at fault. R.S., c. 95, s. 4.

Questions of fact

5 In every action, the amount of damage or loss, the fault, if any, and the degrees of fault are questions of fact. R.S., c. 95, s. 5.

Power of court

6 Where the damages are occasioned by the fault of more than one party, the court has power to direct that the plaintiff shall bear some portion of the costs if the circumstances render this just. R.S., c. 95, s. 6.

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