Section 5 Contributory negligence.C2C1
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 the M1Law Reform (Miscellaneous Provisions) Act 1934 the damages recoverable would be reduced under section 1(1) of the M2Law Reform (Contributory Negligence) Act 1945, any damages recoverable in an action . . . F1 under this Act shall be reduced to a proportionate extent.
Annotations
Textual amendments
- F1
Words repealed by Administration of Justice Act 1982 (c. 53, SIF 122:3), s. 73, Sch. 9 Pt. I
Marginal citations
- M1
- M2
Modifications
- C1
S. 5 modified (21.4.2021) by Automated and Electric Vehicles Act 2018 (c. 18), ss. 6(3), 21; S.I. 2021/396, reg. 3(a)
- C2
S. 5 modified by Consumer Protection Act 1987 (c. 43, SIF 109:1), ss. 6(4), 41(2), 47(1)(2)