Bill 12 (Legislature 7, Session 5)

L7 S5 8500

Alberta — Bills

Bill No. 12 of 1935. A BILL TO MAKE UNIFORM THE LAW RESPECTING LIABILITY IN ACTIONS FOR DAMAGES FOR NEGLIGENCE WHERE MORE THAN ONE PARTY IS AT FAULT. NOTE. This Bill is approved by the Commissioners of Uniformity of Legislation in Canada. The effect of the Bill is to make applicable to all actions for damages for negligence the rules applicable to collisions at sea which were enacted by The Maritime Conventions Act, 1911, (Imp.).

Section 2 provides that where damage or loss is caused by two or more persons to one or more of them, the damage or loss is to be apportioned between them according to the degree in which each person is in fault, and if in the circum stances it is not possible to establish different degrees of fault, the liability is to be apportioned equally.

Section 5 of the 'Bill is designed to prevent the submission to the jury of the question as to whether or not the plaintiff was guilty of contributory negligence and therefore disen titled to damages unless there is evidence that the Act or omission alleged to be contributory negligence was clearly subsequent to and severable from the act or omission of the defendant. R. ANDREW SMITH, Legislative Corunsel. (This note does not form amy part of the Bill and is offered merely as a partial explanation of some of its provisions.)

BILL No. 12 of 1935.

An Act to make Uniform the Law respecting Liability in Actions for Damages for Negligence where More than One Party is at Fault. (Assented to , 1935.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Conb'.ibutory Negligence Act." 2. 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 shall be in proportion to the degree in which each person was at fault: Provided that- (

a) 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; and (

b) nothing in this

section shall operate so as to render any person liable for any loss or damage to which his fault has not contributed. 3.

Where damages have been caused by the fault of two or more persons, the court shall determine the degree in which each was at fault, and where two or more persons are found liable they shall be jointly and severally liable for the fault to the person suffering loss or damage, but as between themselves, in the absence of any contract express or im plied, they shall be liable to make contribution to and in demnify each other in the degree in which they are respec· tively found to h'ave been at fault. 4.

In any action the amount of damage or loss, the fault, if any, and the degrees of fault shall be questions of fact. 5. The Judge shall not submit to the jury any question as to whether, notwithstanding the fault of one party, the other could have avoiqed the consequence thereof unless in his opinion there is evidence upon which the jury could reasonably find that the act or omission of the latter was clearly subsequent to and severable from the act or omission of the former so as not to be substantially contemporaneous with it.

2 6. When it appears that a person not a party to an action is or may be wholly or partly responsible for the damages claimed, he may be added as a party defendant upon such terms as are deemed just. 7. This Act shall be so interpreted and construed as to effect its general purpose of making uniform the law of those provinces which enact it. 8. This Act shall come into force on the first day of July, 1935.

FIFTH SESSION SEVENTH LEGISLATURE 25 GEORGE V 1935 BILL

An Act to make Uniform the Law respecting Liability in Actions for Damages for Negligence where More than One Party is at Fault. Received and read the First time ................... . Second time ................. . Third time ................ , .. HON. MR. LYMBURN. EDMONTON: W. D. McLEAN, KING'S PRINTER 1935 Title:1935 (7th, 5th) Bill 12,

An Act to make Uniform the Law respecting Liability in Actions for Damages for Negligence where More than One Party is at Fault

Document details

Collection	Alberta — Bills
Citation	L7 S5 8500
Type	bill
Volume / chapter	L7 S5 8500
Language	en
Format	json
Source	PROVINCIAL
Identifier	5cc5a959086f58a4632c24a1ca7f62d13a819835

Source file is stored in the law ingest library (json).