(1) Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage:
(2) Where damages are recoverable by any person by virtue of the last preceding subsection subject to such reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault.
(3) Section 17 of the Law Reform Act 1936 (which relates to proceedings against, and contribution between, joint and several tortfeasors), shall apply in any case where 2 or more persons are liable or would, if they had all been sued, be liable by virtue of subsection (1) in respect of the damage suffered by any person.
(4) Where any person dies as the result partly of his own fault and partly of the fault of any other person or persons, and accordingly if an action were brought for the benefit of the estate under Part 1 of the Law Reform Act 1936, the damages recoverable would be reduced under subsection (1), any damages recoverable in an action brought for the benefit of the dependants of that person under the Deaths by Accidents Compensation Act 1952, shall be reduced to a proportionate extent.
(5) Where, in any case to which subsection (1) applies, one of the persons at fault avoids liability to any other such person or his personal representative by pleading any enactment limiting the time within which proceedings may be taken, he shall not be entitled to recover any damages or contributions from that other person or representative by virtue of that subsection.
(6) Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the total damages which would have been recoverable if the claimant had not been at fault and the extent to which those damages are to be reduced.
Compare: Law Reform (Contributory Negligence) Act 1945 s 1 (UK)
Section 3(4): amended, on 1 January 1953, pursuant to section 23(1) of the Deaths by Accidents Compensation Act 1952 (1952 No 35).
Section 3(7): repealed, on 14 June 1967, by section 14 of the Carriage by Air Act 1962 (1962 No 19).