(1) If a person (the
"claimant" ) suffers damage as the result partly of the claimant's failure to
take reasonable care (
"contributory negligence" ) and partly of the wrong of any other person:
(b) the damages recoverable in
respect of the wrong are to be reduced to such extent as the court thinks just
and equitable having regard to the claimant's share in the responsibility for
the damage.
(2) Subsection (1) does not operate to defeat any defence arising
under a contract.
(3) If any contract or enactment providing for the
limitation of liability is applicable to the claim, the amount of damages
recoverable by the claimant by virtue of subsection (1) is not to exceed the
maximum limit so applicable.
