Civil Liability Act, 1961

Act Number41
Enactment Date17 August 1961


Number 41 of 1961.


CIVIL LIABILITY ACT, 1961.


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and collective citation.

2.

Interpretation generally.

3.

Adaptation of references to repealed Acts.

4.

Savings.

5.

Repeals.

PART II

Survival of Certain Causes of Action on Death

6.

Definition (Part II).

7.

Survival of certain causes of action vested in deceased person.

8.

Survival of certain causes of action subsisting against deceased person.

9.

Time limit in respect of causes of action which survive against estate of deceased person.

10.

Insolvency of estate against which proceedings, are maintainable.

PART III

Concurrent Fault

Chapter I Liability of concurrent wrongdoers

11.

Persons who are concurrent wrongdoers.

12.

Extent of liability.

13.

Joinder of defendants.

14.

Judgments to be several.

15.

Judgment by default.

16.

Discharge and estoppel by satisfaction.

17.

Release of, or accord with, one wrongdoer.

18.

Judgment against one wrongdoer.

19.

Judgment in favour of one alleged wrongdoer.

20.

Limitation of actions against one of concurrent wrongdoers.

Chapter II Contribution between concurrent wrongdoers

21.

Contribution in respect of damages.

22.

Contribution claimed by settling tortfeasor.

23.

Enforcement of judgment for contribution.

24.

Contribution in respect of costs.

25.

One wrongdoer omitted from claim for contribution; contribution in respect of contribution.

26.

Contribution where property is restored to its owner.

27.

Procedure for claiming contribution.

28.

Distribution of loss on failure to obtain satisfaction.

29.

Estoppel when contribution is claimed.

30.

Legal incidents of claim for contribution.

31.

Limitation of actions for contribution.

32.

Evidence and appeals.

33.

Contribution to be regarded as damages.

Chapter III Contributory negligence

34.

Apportionment of liability in case of contributory negligence.

35.

Identification.

36.

Set-off of claims.

37.

Estoppel in case of contributory negligence.

38.

Liability of concurrent wrongdoers where plaintiff guilty of contributory negligence.

39.

Bankruptcy of one wrongdoer.

40.

Special findings.

41.

Courts of limited jurisdiction.

42.

Costs in cases of contributory negligence.

Chapter IV General

43.

Application to breaches of strict duty.

44.

One-sided periods of limitation.

45.

Restitution.

46.

Maritime cases.

PART IV

Fatal Injuries

47.

Definitions (Part IV).

48.

Action where death caused by wrongful act, neglect or default.

49.

Damages.

50.

Sums not to be taken into account in assessing damages.

51.

Adaptation of references to Fatal Accidents Acts, 1846 to 1908.

PART V

Amendments of the Workmen's Compensation Acts, 1934 Tο 1955

52.

Definitions (Part V).

53.

Amendments of section 60 of the Act of 1934.

54.

Amendment of section 61 of the Act of 1934.

PART VI

Amendment of the Air Navigation and Transport Act, 1936

55.

Re-enactment, with amendments, of section 18 of the Act of 1936.

PART VII

Miscellaneous

56.

Abolition of last opportunity rule.

57.

Abolition of defences.

58.

Wrongs to unborn child.

59.

Liability of Minister for Finance for negligent use of mechanically propelled vehicle.

60.

Liability of road authority for failure to maintain public road.

61.

Proof of claims for damages or contribution in bankruptcy.

62.

Application of moneys payable under certain policies of insurance.

63.

Costs in certain actions in which the plaintiff is an infant.

SCHEDULE

Enactments Repealed


Acts Referred to

Air Navigation and Transport Act, 1936

1936, No. 40

Statute of Limitations, 1957

1957, No. 6

Workmen's Compensation Act, 1934

1934, No. 9

Irish Bankrupt and Insolvent Act, 1857

1857, c. 60

Adoption Act, 1952

1952, No. 25

Workmen's Compensation Act, 1934

1934, No. 9

Workmen's Compensation (Amendment) Act, 1953

1953, No. 25


Number 41 of 1961.


CIVIL LIABILITY ACT, 1961.


AN ACT TO REFORM THE LAW RELATING TO CIVIL LIABILITY, PROVIDING IN PARTICULAR FOR THE SURVIVAL OF CAUSES OF ACTION ON DEATH, FOR PROCEEDINGS AGAINST AND CONTRIBUTION BETWEEN CONCURRENT WRONGDOERS AND FOR LIABILITY IN CASES OF CONTRIBUTORY NEGLIGENCE, TO PROVIDE FOR DAMAGES FOR THE BENEFIT OF THE DEPENDANTS OF ANY PERSON FATALLY INJURED BY THE WRONGFUL ACT, NEGLECT OR DEFAULT OF ANOTHER, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING. [17th August, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I

Preliminary And General

Short title and collective citation.

1.—(1) This Act may be cited as the Civil Liability Act, 1961.

(2) The Air Navigation and Transport Acts, 1936 to 1959, and Part VI of this Act may be cited together as the Air Navigation and Transport Acts, 1936 to 1961.

Interpretation generally.

2.—(1) In this Act, save where the context otherwise requires—

“the Act of 1936” means the Air Navigation and Transport Act, 1936 ;

“the Statute of Limitations” means the Statute of Limitations, 1957 ;

“act” includes default or other omission;

“action” includes counterclaim and proceedings by way of arbitration;

“any other limitation enactment” includes sections 31, 46 and 48;

“bankrupt” includes an arranging debtor;

“bankruptcy” includes an arrangement under an order of the court for protection;

“concurrent wrongs” means wrongs committed by persons in respect of which they are concurrent wrongdoers;

“contract” means a contract under seal or by parol;

“contributor” means a person who is liable or alleged to be liable to make contribution;

“court” means, in relation to any claim, the court or arbitrator by or before whom the claim falls to be determined;

“damage” includes loss of property, loss of life and personal injury;

“damages”, except in Part IV, includes compensation for breach of trust;

“defendant” includes defendant to a counterclaim;

“injured person” means a person against whom a wrong is committed;

“liable” refers to legal liability whether or not enforceable by action;

“negligence” includes breach of statutory duty;

“personal injury” includes any disease and any impairment of a person's physical or mental condition, and “injured” shall be construed accordingly;

“plaintiff” includes a defendant counterclaiming and a defendant claiming against a co-defendant by notice or otherwise;

“third party” includes fourth party and subsequent party;

“wrong” means a tort, breach of contract or breach of trust, whether the act is committed by the person to whom the wrong is attributed or by one for whose acts he is responsible, and whether or not the act is also a crime, and whether or not the wrong is intentional;

“wrong of the defendant” includes, where the defendant is a personal representative, a wrong of the deceased for which the defendant is liable as personal representative;

“wrongdoer” means a person who commits or is otherwise responsible for a wrong.

(2) Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended or applied by any subsequent enactment, including this Act.

Adaptation of references to repealed Acts.

3.—A reference in any enactment to any Act repealed by this Act shall be construed as a reference to this Act.

Savings.

4.—(1) Nothing in this Act shall have effect in relation to any cause of action which accrued before the passing of this Act.

(2) Nothing in this Act shall—

(a) render enforceable any agreement for indemnity which would not have been enforceable if this Act had not been passed, or

(b) affect the power of the court to stay proceedings that are an abuse of the process of the court.

Repeals.

5.—The enactments mentioned in the Schedule are hereby repealed to the extent specified in column (3), except in respect of cases saved by section 4.

PART II

Survival of Certain Causes of Action on Death

Preliminary

Definition (Part II).

6.—In this Part “excepted cause of action” means—

(a) a cause of action for breach of promise to marry or for defamation or for seduction or for inducing one spouse to leave or remain apart from the other or for criminal conversation, or

(b) any claim for compensation under the Workmen's Compensation Act, 1934 .

Causes of action vested in deceased person

Survival of certain causes of action vested in deceased person.

7.—(1) On the death of a person on or after the date of the passing of this Act all causes of action (other than excepted causes of action) vested in him shall survive for the benefit of his estate.

(2) Where, by virtue of subsection (1) of this section, a cause of action survives for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person shall not include exemplary damages, or damages for any pain or suffering or personal injury or for loss or diminution of expectation of life or happiness.

(3) Where—

(a) a cause of action survives by virtue of subsection (1) of this section for the benefit of the estate of a deceased person, and

(b) the death of such person has been caused by the circumstances which gave rise to such cause of action,

the damages recoverable for the benefit of...

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