Part 2Remedies for Breach of Contract
Amendment of Law Reform (Contributory Negligence) Act 1945
26Amendment of Law Reform (Contributory Negligence) Act 1945
In section 5 of the Law Reform (Contributory Negligence) Act 1945—
(a)
in paragraph (a), after “; and” insert “subject to paragraph (aa)”
, and
(b)
after paragraph (a) insert—
“(aa)
without prejudice to the generality of section 1—
(i)
in subsection (1) of that section the reference to a person’s “own fault” includes a reference to that person’s breach of a contract and the reference to “the fault of any other person or persons” includes a reference to a breach of a contract by that other person or those other persons; and
(ii)
in each of subsections (2), (5) and (6) of that section, references to being “at fault” are to be construed accordingly;”.