Western Australian Consolidated Acts

LAW REFORM (CONTRIBUTORY NEGLIGENCE AND TORTFEASORS' CONTRIBUTION) ACT 1947 - SECT 3

3 .         Interpretation

                In this Act, subject to the context — 

        Action includes an arbitration;

        Court includes an arbitrator;

        Defendant includes — 

            (a)         a party to an action against whom a counter-claim is made in the action; and

            (b)         a person for whose act the defendant or such party was vicariously responsible;

        Fatal Accidents Act means the Imperial Act 9 and 10 Victoriae Cap. 93 (as adopted) as amended by Act No. 37 of 1900, or any Act now or hereafter in force in substitution for or amending the same ² ;

        Negligence includes breach of statutory duty;

        Plaintiff includes — 

            (a)         a party to an action who makes a counter-claim in the action; and

            (b)         a person for whose act the plaintiff or such party was vicariously responsible;

        Workers’ Compensation includes all sums and benefits recoverable under the Workers’ Compensation and Injury Management Act 1981 .

        [Section 3 amended by No. 42 of 2004 s. 175.]

Contributory negligence — Amendment of the law