Number 41/1961: CIVIL LIABILITY ACT, 1961

Next (PART I Preliminary And General)

41 1961

[GA]

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Number 41 of 1961.

[GA]

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	Adaptation of references to repealed Acts.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

Chapter II Contribution between concurrent wrongdoers

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

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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:—