Civil Liability Act 1936 (SA)

South Australia Civil Liability Act 1936 An Act to consolidate certain Acts relating to wrongs.

Contents Part 1—Preliminary 1 Short title 2 Act to bind the Crown 3 Interpretation 4 Application of Act Part 3—Liability for animals 18 Liability for animals Part 4—Occupiers liability 19 Interpretation 20 Occupier's duty of care 21 Landlord's liability limited to breach of duty to repair 22 Exclusion of conflicting common law principles Part 5—Wrongful acts or neglect causing death 23 Liability for death caused wrongfully 24 How to bring action etc 25 Restriction of actions and time of commencement 26 Particulars of person for whom damages claimed 27 Provision where no executor or administrator or action not commenced within 6 months 28 Liability to parents of person wrongfully killed 29 Liability to surviving spouse or domestic partner of person wrongfully killed 30 Further provisions as to solatium etc Part 6—Negligence Division 1—Duty of care 31 Standard of care 32 Precautions against risk 33 Mental harm—duty of care Division 2—Causation 34 General principles 35 Burden of proof Division 3—Assumption of risk 36 Meaning of obvious risk 37 Injured persons presumed to be aware of obvious risks 38 No duty to warn of obvious risk 39 No liability for materialisation of inherent risk Division 4—Negligence on the part of persons professing to have a particular skill 40 Standard of care to be expected of persons professing to have a particular skill 41 Standard of care for professionals Division 5—Liability of road authorities 42 Liability of road authorities Division 6—Exclusion of liability for criminal conduct 43 Exclusion of liability for criminal conduct Part 7—Contributory negligence 44 Standard of contributory negligence 45 Contributory negligence in cases brought on behalf of dependants of deceased person 46 Presumption of contributory negligence where injured person intoxicated 47 Presumption of contributory negligence where injured person relies on care and skill of person known to be intoxicated 48 Evidentiary provision relating to intoxication 49 Non-wearing of seatbelt etc 50 How case is dealt with where damages are liable to reduction on account of contributory negligence Part 7A—Child abuse—liability of institutions Division 1—Preliminary 50A Interpretation 50B Meaning of associated trust 50C When persons are associated with institution 50D Application of Part Division 2—Duty of institutions to prevent child abuse 50E Duty to prevent child abuse 50F Proof of whether duty was breached Division 3—Vicarious liability of institutions 50G Institutions vicariously liable for abuse of child by employee Division 4—Liability of particular institutions and office holders 50H Liability of incorporated institution that was unincorporated at time of abuse 50I Liability of current office holder of unincorporated institution 50J Claim against unincorporated institution and nomination of appropriate defendant 50K Proceeding against nominee of unincorporated institution Division 5—Satisfaction of liability 50L Assets available to satisfy liability of institution 50M Assets available to satisfy liability of nominee 50N Assets available to satisfy liability of current office holder 50O Satisfaction of liability by trustee of associated trust 50P References to liability Division 6—Miscellaneous 50Q Entities may act despite other laws and duties 50R Continuity of institutions 50S Continuity of offices 50T Corporations Act displacement 50U Proceedings despite previous judgment Part 7B—Child abuse—setting aside settlements 50V Meaning of affected agreement 50W Court may set aside affected agreement 50X Effect of setting aside affected agreement Part 8—Damages for personal injury 51 Application of this Part 52 Damages for non-economic loss 53 Damages for mental harm 54 Damages for loss of earning capacity 55 Lump sum compensation for future losses 56 Exclusion of interest on damages compensating non-economic loss or future loss 56A Additional provisions relating to motor vehicle injuries (economic loss) 57 Exclusion of damages for cost of management or investment 58 Damages in respect of gratuitous services 58A Limitations on damages for participants in lifetime support scheme 58B Additional provisions relating to death on account of a motor vehicle injury Part 9—Miscellaneous Division 1—Rights as between employer and employee 59 Rights as between employer and employee Division 2—Remedies against certain shipowners 60 Remedy against shipowners and others for injuries Division 3—Damage by aircraft 61 Damage by aircraft 62 Exclusion of liability for trespass or nuisance Division 4—Abolition of rule of common employment 63 Abolition of rule of common employment Division 5—Actions in tort relating to spouses and domestic partners 64 Abolition of rule as to unity of spouses 65 Spouse or domestic partner may claim for loss or impairment of consortium 66 Damages where injured spouse or domestic partner participated in business Division 6—Limitation on the award of damages for the costs of raising a child 67 Limitation on the award of damages for the costs of raising a child Division 7—Abolition of actions of seduction, enticement and harbouring 68 Abolition of actions for enticement, seduction and harbouring Division 8—Unreasonable delay in resolution of claim 69 Definitions 70 Damages for unreasonable delay in resolution of a claim 71 Regulations Division 9—Liability for perjury in civil actions 72 Liability for perjury in civil actions Division 10—Racial victimisation 73 Racial victimisation Division 11—Good samaritans 74 Good samaritans Division 11A—Food donors and distributors 74A Food donors and distributors Division 11B—Supply of food in customers' containers 74B Supplying food in customers' own containers Division 12—Effect of apology on liability 75 Effect of apology on liability Division 12A—Exclusion of civil liability where Crown publishes certain information 75A Exclusion of civil liability where Crown publishes certain information Division 13—Regulations 76 Assessment of motor vehicle injuries 77 Regulations—general provisions Legislative history