CIVIL LIABILITY ACT - 1963 (ACT 176)

Section - 1 - Apportionment of Liability in Case of Contributory Negligence

(1) Where any person suffers damage as the result partly of the fault of any other person and partly of his own fault or the fault of someone for whom he is responsible (in this Part referred to as contributory negligence), a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the plaintiff's share in the responsibility for the damage:

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;

(b) this section shall not operate to defeat any defence arising under a contract;

(c) where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the plaintiff by virtue of this section shall not exceed the maximum limit so applicable.

(2) Article 21 of the Warsaw Convention (which empowers a court to exonerate wholly or partly a carrier who proves that the damage was caused by or contributed to by the negligence of the injured person) shall have effect subject to the provisions of this Part.