Civil Liability Act 1961

PART III

Concurrent Fault

Annotations:

Amendments:

F4

Repealed (1.01.2010) by Defamation Act 2009 (31/2009), s. 19(4), S.I. No. 517 of 2009.

F5

Substituted (1.01.2010) by Defamation Act 2009 (31/2009), s. 7(2)(a)(i), S.I. No. 517 of 2009.

F6

Inserted (1.01.2010) by Defamation Act 2009 (31/2009), s. 7(2)(a)(ii), S.I. No. 517 of 2009.

F7

Substituted (1.01.2010) by Defamation Act 2009 (31/2009), s. 7(2)(b), S.I. No. 517 of 2009.

F8

Inserted (7.07.1964) by Civil Liability (Amendment) Act 1964 (17/1964), s. 3, commenced on enactment.

F9

Inserted (7.07.1964) by Civil Liability (Amendment) Act 1964 (17/1964), s. 4, commenced on enactment.

F10

Inserted (7.07.1964) by Civil Liability (Amendment) Act 1964 (17/1964), s. 5, commenced on enactment.

F11

Repealed (7.07.1964) by Civil Liability (Amendment) Act 1964 (17/1964), s. 6 and sch., commenced on enactment.

Modifications (not altering text):

C9

Part applied with modifications (1.08.2014) by Social Welfare Consolidation Act 2005 (26/2005), s. 343W, as inserted by Social Welfare and Pensions Act 2013 (38/2013), s. 13(d), S.I. No. 308 of 2014.

[More than one compensator making compensation payment

343W.Where two or more compensators are liable by virtue of this Part for recoverable benefits for the same personal injury, they shall be liable jointly and severally to the Minister in relation to those benefits and Part III of the Civil Liability Act 1961 shall be read as applying to that liability with all necessary modifications. ]

C10

Application of Part extended (16.12.1991) by Liability For Defective Products Act, 1991 (28/1991), s. 8, S.I. No. 316 of 1991.

Joint and several liability.

8.Where two or more persons are liable by virtue of this Act for the same damage, they shall be liable jointly and severally as concurrent wrongdoers within the meaning of Part III of the Civil Liability Act, 1961.

C11

Application of Act not restricted (16.12.1991) by Liability For Defective Products Act 1991 (28/1991), s. 9, S.I. No. 316 of 1991.

Reduction of liability.

9. (1) Without prejudice to Part III of the Civil Liability Act, 1961 concerning the right of contribution, the liability of the producer shall not be reduced when damage is caused both by a defect in a product and by the act or omission of a third party.

(2) Where any damage is caused partly by a defect in a product and partly by the fault of the injured person or of any person for whom the injured person is responsible, the provisions of the Civil Liability Act, 1961, concerning contributory negligence, shall have effect as if the defect were due to the fault of every person liable by virtue of this Act for the damage caused by the defect.

Chapter I

Liability of concurrent wrongdoers

Persons who are concurrent wrongdoers.

11

11. (1) For the purpose of this Part, two or more persons are concurrent wrongdoers when both or all are wrongdoers and are responsible to a third person (in this Part called the injured person or the plaintiff) for the same damage, whether or not judgment has been recovered against some or all of them.

(2) Without prejudice to the generality of subsection (1) of this section—

( a) persons may become concurrent wrongdoers as a result of vicarious liability of one for another, breach of joint duty, conspiracy, concerted action to a common end or independent acts causing the same damage;

( b) the wrong on the part of one or both may be a tort, breach of contract or breach of trust, or any combination of them;

( c) it is immaterial whether the acts constituting concurrent wrongs are contemporaneous or successive.

(3) Where two or more persons are at fault and one or more of them is or are responsible for damage while the other or others is or are free from causal responsibility, but it is not possible to establish which is the case, such two or more persons shall be deemed to be concurrent wrongdoers in respect of the damage.

(4) F4 [ ]

(5) Where the same or substantially the same F5 [ defamatory statement ] or injurious falsehood is published by different persons, the court shall take into consideration the extent to which it is probable that the statement in question was published directly or indirectly to the same persons, and to that extent may find the wrongdoers to be concurrent wrongdoers.

(6) For the purpose of any enactment referring to a specific tort, an action for a conspiracy to commit that tort shall be deemed to be an action for that tort.

F6 [ (7) In this section defamatory statement has the same meaning as it has in the Defamation Act 2009. ]

Annotations:

Amendments:

F4

Repealed (1.01.2010) by Defamation Act 2009 (31/2009), s. 19(4), S.I. No. 517 of 2009.

F5

Substituted (1.01.2010) by Defamation Act 2009 (31/2009), s. 7(2)(a)(i), S.I. No. 517 of 2009.

F6

Inserted (1.01.2010) by Defamation Act 2009 (31/2009), s. 7(2)(a)(ii), S.I. No. 517 of 2009.