CIVIL LAW (WRONGS) ACT 2002 - SECT 104 Claims by third parties—contributory negligence

CIVIL LAW (WRONGS) ACT 2002 - SECT 104

    (1)     This section applies if—

        (a)     a person (the first person ) suffers damage partly because of the first person's failure to take reasonable care ( contributory negligence ) and partly because of someone else's wrong; and

        (b)     because of the damage to the first person a third person suffers damage.

    (2)     In an action by the third person, the contributory negligence of the first person must be taken into account under section 102 (Apportionment of liability—contributory negligence) in reducing the damages recoverable by the third person for the damage as if the contributory negligence were a failure by the third person to take reasonable care.