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Law of Negligence and Limitation of Liability Act 2008 (NI)
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Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2016Q00058 C01
01 July 2016
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Table of contents
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PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Purposes
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PART 2 NEGLIGENCE
Division 1 Preliminary
4. Definitions
5. Application of Part
6. Application to contract
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7. Effect of this Part on the common law
Division 2 — Duty of Care
8. General principles
9. Other principles
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10. Duty to warn of risk—reasonable care
Division 3—Causation
11. General principles
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12. Burden of proof
Division 4—Awareness of Risk
13. Meaning of obvious risk
14. Voluntary assumption of risk
15. No liability for materialisation of inherent risk
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16. Plaintiff to prove unawareness of risk
Division 5—Negligence of professionals and persons professing particular skills
17. Definition
18. Standard of care expected of persons holding out as possessing a particular skill
19. Standard of care for professionals
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20. Duty to warn of risk
Division 6—Non-delegable duties and vicarious liability
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21. Liability based on non-delegable duty
Division 7—Contributory Negligence
22. Standard of care for contributory negligence
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23. Contributory negligence can defeat claim
Division 8—Intoxication and Illegal activity
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24. Liability – owners and occupiers and generally
Division 9General
25. Regulations
26. Effect on other enactments
27. Transitional
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PART 3 – Mental Harm
28. Definitions
29. Application of Part
30. Application to contract
31. Effect of this Part on the common law
32. Mental harm—duty of care
33. Limitation on recovery of damages for pure mental harm arising from shock
34. Limitation on recovery of damages for consequential mental harm
35. Liability for economic loss for mental harm
36. Regulations
37. Effect on other enactments
38. Transitional
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PART 4 – The Administration and other public authorities
39. Definitions
40. Application of Part
41. Exclusions from Part
42. Effect of this Part on the common law
43. Principles concerning resources, responsibilities, etc of public authorities
44. Wrongful exercise of or failure to exercise function
45. Exercise of function or decision to exercise does not create duty
46. Effect on other enactments
47. Transitional
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PART 5 Personal injury damages
48. Definitions
49. Application of Part
50. General regulation of court awards
51. Part does not give rise to any cause of action
52. Limitation on damages
53. Damages for past or future economic loss—maximum for loss of earnings etc.
54. Fixing damages for death
55. Indexation of maximum amount for non-economic loss
56. Damages for future economic loss—discount rate
57. Limitation on damages for loss of gratuitous care
58. Calculation of damages for gratuitous care
59. Application of sections 57 and 58
60. Tariffs for damages for non-economic loss
61. Transport accidents
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PART 6 Fatal INJURIES
62. Definitions for Part 6
63. Liability in respect of the death of a person
64. One action for the benefit of members of deceased person’s family
65. Damages
66. Contributory negligence
67. Payment into court
68. Alternative action by person or persons other than personal representative
69. Special endorsement on writ of summons
70. Powers of the court to make orders in relation to actions
71. Provisions applicable where action tried before court with a jury
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PART 7 – Apologies
72. Definitions
73. Apology not admission of liability
74. Reduction or waiver of fees
75. Coroners Act 1993 - apology or reduction or waiver of fees
76. Transitional
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PART 8 – Structured settlements
77. Definitions
78. Court may make order for structured settlement
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PART 9 – Good samaritan protection
79. Definition
80. Protection of good samaritans
81. Application of section 80
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PART 10 – Volunteer protection
82. Definitions
83. Meaning of “volunteer”
84. Meaning of “community work”
85. Protection of volunteers from liability
86. Exceptions to subsection 85(1)
87. Provisions concerning the liability of community organisations
88. Certain indemnities, etc have no effect
89. Application of section 85
90. Regulations
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Part 11 – MISCELLANEOUS PROVISIONS
Division 1 – Ante-nuptial obligations of spouses
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91. Torts and ante-nuptial obligations of spouses
Division 2 – Survival of causes of action
92. Survival of causes of action
93. Damages recoverable for benefit of an estate
94. Limitation on proceedings
95. Damage suffered after or at the time of death
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96. Rights in addition to Part 6
Division 3 Proceedings against and contributions between tortfeasors
97. Definition
98. Proceedings against and contribution between joint and several tortfeasors
99. Amount of contribution
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100. Effect of this Division
Division 4 – Contributory negligence
101. Definitions for this Division
102. Contributory negligence
103. Application of Division 3
104. Claims by third parties
105. Pleading of statute of limitations
106. Where case is tried with jury
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107. Section not to apply to Navigation Act
Division 5 – Insurance moneys
108. Amount of liability to be charge on insurance moneys payable against that liability
109. Enforcement of charge
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110. Protection of insurer
Division 6 – Payment of benefits provided to claimants
111. Notice and reimbursement of benefits
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112. Application of section 111
Division 7 Repeal and savings
113. Repeal of old causes of action
114. Enactment ceasing to apply and repealed