Acts and Regulations

L-1.2 - Law Reform Act

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Repealed on 1 September 2011
CHAPTER L-1.2
Law Reform Act
Assented to December 10, 1993
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2011, Schedule A
Abolition of action per quod servitium amisit
1(1)The action per quod servitium amisit is abolished.
1(2)This section does not apply where the cause of action occurs before the commencement of this section.
1(3)This section or any provision of it comes into force on a day or days to be fixed by proclamation.
Abolition of law of occupier’s liability
2(1)The law of occupier’s liability is abolished.
2(2)Any matter which, before the commencement of this section, would have been determined in accordance with the law of occupier’s liability shall be determined in accordance with other rules of liability.
2(3)Where a person suffers injury, loss or damage while a trespasser, and the injury, loss or damage results in whole or in part from the state of the land or premises on which it is suffered, or the use made of the land or premises, any damages recoverable against the person trespassed against may be reduced on account of the trespass.
2(4)Subsection (3) does not limit any defence that may be available on account of the trespass, nor any entitlement to an apportionment of damages that may exist under the Contributory Negligence Act or otherwise.
2(5)This section does not apply where the cause of action occurs before the commencement of this section.
2(6)This section or any provision of it comes into force on a day or days to be fixed by proclamation.
Aggravated, exemplary or punitive damages
3(1)Where in any proceedings a claim is made for aggravated, exemplary or punitive damages, it is not necessary that the matter in respect of which those damages are claimed be an actionable wrong independent of the alleged wrong for which the proceedings are brought.
3(2)This section applies whether the matters in respect of which the aggravated, exemplary or punitive damages are claimed occurred before or after the commencement of this section.
3(3)This section or any provision of it comes into force on a day or days to be fixed by proclamation.
Privity of contract
4(1)A person who is not a party to a contract but who is identified by or under the contract as being intended to receive some performance or forbearance under it may, unless the contract provides otherwise, enforce that performance or forbearance by a claim for damages or otherwise.
4(2)In proceedings under subsection (1) against a party to a contract, any defence may be raised that could have been raised in proceedings between the parties.
4(3)The parties to a contract to which subsection (1) applies may amend or terminate the contract at any time, but where, by doing so, they cause loss to a person described in subsection (1) who has incurred expense or undertaken an obligation in the expectation that the contract would be performed, that person may recover the loss from any party to the contract who knew or ought to have known that the expenses would be or had been incurred or that the obligation would be or had been undertaken.
4(4)This section applies to contracts entered into before or after the commencement of this section, except that subsection (3) does not permit the recovery of loss arising in relation to an expense incurred or an obligation undertaken before the commencement of this section.
4(5)This section or any provision of it comes into force on a day or days to be fixed by proclamation.
Penalty and liquidated damages clauses
5(1)A party to a contract may enforce a penalty clause or a liquidated damages clause to the extent that it is reasonable in all of the circumstances that the clause should be enforced.
5(2)Without limiting subsection (1), a court may determine in the circumstances of a case before it that a penalty clause or a liquidated damages clause should be enforced in full, in part or not at all.
5(3)Where a penalty clause or a liquidated damages clause is enforced only in part or not at all, damages are recoverable in respect of conduct which is in breach of contract but in relation to which the penalty clause or liquidated damages clause is not enforced.
5(4)This section applies to contracts entered into before or after the commencement of this section, but only in relation to breaches of contract occurring after the commencement of this section.
5(5)This section or any provision of it comes into force on a day or days to be fixed by proclamation.
Executed contracts
6(1)The fact that a contract is wholly executed is a matter which a court may take into account in determining whether to rescind a contract but is not in itself a bar to rescission of the contract.
6(2)Subsection (1) applies to a contract entered into before or after the commencement of this section.
6(3)This section or any provision of it comes into force on a day or days to be fixed by proclamation.
Abolition of the common law doctrine of inter-spousal tort immunity
7Any immunity that a married person may have had at common law from actions in tort or otherwise by his or her spouse is abolished.
1995, c.40, s.1
N.B. This Act was proclaimed and came into force June 1, 1994.
N.B. This Act is consolidated to September 1, 2011.