Document ID: chunk:federal_register_of_legislation:C2012A00191:clause:1_11a
Version: federal_register_of_legislation:C2012A00191
Segment Type: clause
Provision Reference: sch 1 cl 11A
Character Range: 3693–4607

11A  Contributory negligence
 (1) If, in an action under section 11, a defendant proves that the injury, loss, damage or destruction was caused by, or contributed to by, the negligence of the person (the sufferer) in respect of whom the injury, loss, damage or destruction was suffered, the damages recoverable must be assessed in accordance with this section.
 (2) The court must determine the damages that would have been recoverable if there had been no negligence on the part of the sufferer.
 (3) The damages determined under subsection (2) must be reduced to the extent the court thinks just and equitable having regard to the share of the sufferer in the responsibility for the injury, loss, damage or destruction.
 (4) If any case to which subsection (1) applies is tried with a jury, the jury must determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).