Queensland Legislation
Queensland
LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001
Queensland
LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page 1 Short title. 2... eee eens 4 2 Commencement. ......... 0... eee eee eee eee eens 4 3 Act amended ...... 0... 00. ec cee eens 4 4 Amendment of s 5 (Definitions for pt 3)............. 0.0.0.2 e eee eee 4 5 Amendment of s 10 (Apportionment of liability in case of contributory
negligence) 2... eee eee eee eee eee 4 6 Insertion of new pt 10.0.0... eee eee 6
PART 10—TRANSITIONAL PROVISION FOR LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT ACT 2001
21 Amendments about contributory negligence to have retrospective effect eee eee eee eee ee 6
A BILL FOR
An Act to amend the Law Reform Act 1995
sl 4 s5 Law Reform (Contributory Negligence) Amendment
Bill 2001 The Parliament of Queensland enacts— 1 Clause 1 Short title 2 This Act may be cited as the Law Reform (Contributory Negligence) 3 Amendment Act 2001. 4 Clause 2 Commencement This Act is taken to have commenced on 7 August 2001. 6 Clause 3 Act amended 7 This Act amends the Law Reform Act 1995. 8 Clause 4 Amendment of s 5 (Definitions for pt 3) 9 (1) Section 5, definition "fault"— 0 omit. 1 (2) Section 5— 2 insert— 3 ' "wrong" means an act or omission that— 4 (a) gives rise to a liability in tort for which a defence of contributory 5 negligence is available at common law; or 6 (b) amounts to a breach of a contractual duty of care that is 7 concurrent and coextensive with a duty of care in tort.'. 8 Clause 5 Amendment of s 10 (Apportionment of liability in case of 9 contributory negligence) 20 (1) Section 10(1) and (2)— 21
omit, insert— 22
s5 5 s5
Law Reform (Contributory Negligence) Amendment Bill 2001
'(1) If a person (the "claimant'') suffers damage partly because of the claimant's failure to take reasonable care ("contributory negligence") and partly because of the wrong of someone else—
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