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41 1961



Preliminary And General

Short title and collective citation.

1. —(1) This Act may be cited as the Civil Liability Act, 1961.

(2) The Air Navigation and Transport Acts, 1936 to 1959, and Part VI of this Act may be cited together as the Air Navigation and Transport Acts, 1936 to 1961.

Interpretation generally.

2. —(1) In this Act, save where the context otherwise requires—

the Act of 1936” means the Air Navigation and Transport Act, 1936 ;

the Statute of Limitations” means the Statute of Limitations, 1957 ;

act” includes default or other omission;

action” includes counterclaim and proceedings by way of arbitration;

any other limitation enactment” includes sections 31, 46 and 48;

bankrupt” includes an arranging debtor;

bankruptcy” includes an arrangement under an order of the court for protection;

concurrent wrongs” means wrongs committed by persons in respect of which they are concurrent wrongdoers;

contract” means a contract under seal or by parol;

contributor” means a person who is liable or alleged to be liable to make contribution;

court” means, in relation to any claim, the court or arbitrator by or before whom the claim falls to be determined;

damage” includes loss of property, loss of life and personal injury;

damages”, except in Part IV, includes compensation for breach of trust;

defendant” includes defendant to a counterclaim;

injured person” means a person against whom a wrong is committed;

liable” refers to legal liability whether or not enforceable by action;

negligence” includes breach of statutory duty;

personal injury” includes any disease and any impairment of a person's physical or mental condition, and “injured” shall be construed accordingly;

plaintiff” includes a defendant counterclaiming and a defendant claiming against a co-defendant by notice or otherwise;

third party” includes fourth party and subsequent party;

wrong” means a tort, breach of contract or breach of trust, whether the act is committed by the person to whom the wrong is attributed or by one for whose acts he is responsible, and whether or not the act is also a crime, and whether or not the wrong is intentional;

wrong of the defendant” includes, where the defendant is a personal representative, a wrong of the deceased for which the defendant is liable as personal representative;

wrongdoer” means a person who commits or is otherwise responsible for a wrong.

(2) Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended or applied by any subsequent enactment, including this Act.

Adaptation of references to repealed Acts.

3. —A reference in any enactment to any Act repealed by this Act shall be construed as a reference to this Act.


4. —(1) Nothing in this Act shall have effect in relation to any cause of action which accrued before the passing of this Act.

(2) Nothing in this Act shall—

(a) render enforceable any agreement for indemnity which would not have been enforceable if this Act had not been passed, or

(b) affect the power of the court to stay proceedings that are an abuse of the process of the court.


5. —The enactments mentioned in the Schedule are hereby repealed to the extent specified in column (3), except in respect of cases saved by section 4.