DAMAGES (APPORTIONMENT AND ASSESSMENT) ACT
ss 1–7
thereafter to sue him for any contribution in respect of the damages concerned, without
leave of the court granted upon good cause being shown.
(2) A person who has been given notice in terms of paragraph (b) of subsection (1) shall be
entitled to intervene as a defendant in the action concerned.
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Claim for contribution by wrongdoer
Where a wrongdoer pays damages to a person who has suffered damage as a result of the
fault of that wrongdoer and one or more other wrongdoers, whether or not they were acting in
concert—
(a) in full settlement of the damages suffered; or
(b) to an extent which is greater than that which might have been apportioned to him by a
court, having regard to his respective degree of fault;
such first-mentioned wrongdoer may claim a contribution in respect of damages he has paid
from the other wrongdoer or wrongdoers concerned, having regard to their respective degrees of
fault.
8
Injured or deceased person treated as a wrongdoer
Where any person suffers damage as a result of the injury to, or death of, another person
and the injury or death was caused by the fault of the injured or deceased person and one or
more wrongdoers, sections six, seven and eight shall apply, mutatis mutandis, as if the injured or
deceased person or his estate, as the case may be, were a wrongdoer.
9
Certain benefits to be excluded in assessment of damages
(1) In this section—
“benefit” means any payment by a friendly society or trade union for the relief or
maintenance of a dependant of a member;
“insurance money” includes a refund of premiums and any payments of interest on such
premiums;
“pension” includes a refund of contributions and any payment of interest on such
contributions and also any payment of a gratuity or other lump sum by a person or
provident fund or by an employer in respect of the employment of any person.
(2) In assessing damages for loss of support as a result of the death of a person, no
insurance money, pension or benefit which has been or will or may be paid as a result of the
death shall be taken into account.
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[Chapter 8:06]