Acts and Regulations

C-19 - Contributory Negligence Act

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Repealed on 1 September 2011
CHAPTER C-19
Contributory Negligence Act
Repealed: R.S.N.B. 2011, Schedule A
Liability where fault divided
1(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.
1(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.
1961-62, c.16, s.1
Determination of fault
2(1)Where damage or loss has been caused by the fault of two or more persons, the Court shall determine the degree in which each person was at fault.
Joint and several liability where fault divided
2(2)Where two or more persons are found at fault they are jointly and severally liable to the person suffering the damage or loss, but as between themselves, in the absence of any contract express or implied, they are liable to make contributions to and indemnify each other in the degree in which they are respectively found to have been at fault.
1961-62, c.16, s.2; 1991, c.27, s.11; 1995, c.40, s.3
Repealed
3Repealed: 1985, c.4, s.14
1961-62, c.16, s.3; 1985, c.4, s.14
Fault of spouse imputed to other spouse
4Repealed: 1995, c.40, s.3
1961-62, c.16, s.4; 1985, c.41, s.3; 1995, c.40, s.3
Fault and damages are questions of fact
5In every action the amount of damage or loss, the fault, if any, and the degrees of fault are questions of fact.
1961-62, c.16, s.5
Joinder of third party
6Where it appears that a person not already a party to an action is or may be wholly or partly responsible for the damages claimed, such person may be added as a party defendant or may be made a third party to the action upon such terms as may be deemed just.
1961-62, c.16, s.6
Costs
7(1)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.
7(2)Unless the judge otherwise directs, the liability for costs of the parties shall be in the same proportion as the liability to make good the loss or damage.
1961-62, c.16, s.7
N.B. This Act was proclaimed and came into force June 1, 1963.
N.B. This Act is consolidated to September 1, 2011.