s. 26 (1) If a person (the claimant) suffers damage as the S. 26(1) result partly of the claimant's failure to take substituted by No. 75/2000 reasonable care (contributory and negligence) s. 5. partly of the wrong of any other person or persons— S. 26(1)(a) (a) except as provided in section 63, a claim in amended by respect of the damage is not defeated by No. 102/2003 reason of the contributory negligence of the s. 7(1). claimant; and (b) the damages recoverable in respect of the wrong must be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage. (1A) Subsection (1) does not operate to defeat any S. 26(1A) inserted by defence arising under a contract. No. 75/2000 s. 5. S. 26(1B) (1B) If any contract or enactment providing for the inserted by limitation of liability is applicable to the claim, the No. 75/2000 s. 5. amount of damages awarded to the claimant by virtue of subsection (1) is not to exceed the maximum limit so applicable. S. 26(1C) (1C) If a claim is brought in a court of limited inserted by jurisdiction, the court may award damages up to No. 75/2000 s. 5. the limit of its jurisdiction even though the amount of damages has first been reduced under subsection (1) or (1B). (2) Where damages are recoverable by any person by S. 26(2) amended by virtue of subsection (1) subject to such reduction No. 75/2000 as is therein mentioned, the court shall find and s. 6(1)(a)–(c). record the total damages which, apart from any limitation referred to in subsections (1B) and (1C), would have been awarded, if the claimant had not been guilty of contributory negligence.
S. 26(1) substituted by No. 75/2000 s. 5. s. 26 (1) If a person (the claimant) suffers damage as the result partly of the claimant's failure to take reasonable care (contributory negligence) and partly of the wrong of any other person or persons— S. 26(1)(a) amended by No. 102/2003 s. 7(1). (a) except as provided in section 63, a claim in respect of the damage is not defeated by reason of the contributory negligence of the claimant; and (b) the damages recoverable in respect of the wrong must be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage. S. 26(1A) inserted by No. 75/2000 s. 5. (1A) Subsection (1) does not operate to defeat any defence arising under a contract. S. 26(1B) inserted by No. 75/2000 s. 5. (1B) If any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages awarded to the claimant by virtue of subsection (1) is not to exceed the maximum limit so applicable. S. 26(1C) inserted by No. 75/2000 s. 5. (1C) If a claim is brought in a court of limited jurisdiction, the court may award damages up to the limit of its jurisdiction even though the amount of damages has first been reduced under subsection (1) or (1B). S. 26(2) amended by No. 75/2000 s. 6(1)(a)–(c). (2) Where damages are recoverable by any person by virtue of subsection (1) subject to such reduction as is therein mentioned, the court shall find and record the total damages which, apart from any limitation referred to in subsections (1B) and (1C), would have been awarded, if the claimant had not been guilty of contributory negligence.