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No. 41/1961:
CIVIL LIABILITY ACT, 1961
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ARRANGEMENT OF SECTIONS
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PART I PRELIMINARY AND GENERAL
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1 Short title and collective citation.
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2 Interpretation generally.
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3 Adaptation of references to repealed Acts.
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4 Savings.
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5 Repeals.
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PART II SURVIVAL OF CERTAIN CAUSES OR ACTION ON DEATH
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6 Definition (Part II).
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7 Survival of certain causes of action vested in deceased person.
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8 Survival of certain causes of action subsisting against deceased person.
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9 Time limit in respect of causes of action which survive against estate of deceased person.
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10 Insolvency of estate against which proceedings, are maintainable.
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PART III CONCURRENT FAULT
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CHAPTER I Liability of concurrent wrongdoers
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11 Persons who are concurrent wrongdoers.
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12 Extent of liability.
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13 Joinder of defendants.
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14 Judgements to be several.
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15 Judgement by default.
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16 Discharge and estoppel by satisfaction.
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17 Release of, or accord with, one wrongdoer.
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18 Judgement against one wrongdoer.
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19 Judgement in favour of one alleged wrongdoer.
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20 Limitation of actions against one of concurrent wrongdoers.
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CHAPTER II Contribution between concurrent wrongdoers
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21 Contribution in respect of damages.
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22 Contribution claimed by settling tortfeasor.
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23 Enforcement of judgement for contribution.
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24 Contribution in respect of costs.
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25 One wrongdoer omitted from claim for contribution; contribution in respect of contribution.
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26 Contribution where property is restored to its owner.
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27 Procedure for claiming contribution.
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28 Distribution of loss on failure to obtain satisfaction.
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29 Estoppel when contribution is claimed.
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30 Legal incidents of claim for contribution.
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31 Limitation of actions for contribution.
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32 Evidence and appeals.
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33 Contribution to be regarded as damages.
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CHAPTER III Contributory negligence
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34 Apportionment of liability in case of contributory negligence.
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35 Identification.
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36 Set-off of claims.
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37 Estoppel in case of contributory negligence.
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38 Liability of concurrent wrongdoers where plaintiff guilty of contributory negligence.
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39 Bankruptcy of one wrongdoer.
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40 Special findings.
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41 Courts of limited jurisdiction.
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42 Costs in cases of contributory negligence.
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CHAPTER IV General
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43 Application to breaches of strict duty.
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44 One-sided periods of limitation.
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45 Restriction.
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46 Maritime cases.
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PART IV FATAL INJURIES
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47 Definitions(Part IV).
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48 Action where death caused by wrongful act, neglect or default.
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49 Damages.
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50 Sums not to be taken into account in assessing damages.
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51 Adaptation of references to Fatal Accidents Acts, 1846 to 1908.
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PART V AMENDMENTS OF THE WORKMEN'S COMPENSATION ACTS, 1934 TO 1955
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52 Definitions (Part V).
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53 Amendments of section 60 of the Act of 1934.
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54 Amendment of section 61 of the Act of 1934.
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PART VI AMENDMENT OF THE AIR NAVIGATION AND TRANSPORT ACT, 1936
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55 Re-enactment with amendments, of section 18 of the Act of 1936.
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PART VII MISCELLANEOUS
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56 Abolition of last opportunity rule.
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57 Abolition of defences.
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58 Wrongs to unborn child.
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59 Liability of Minister for Finance for negligent use of mechanically propelled vehicle.
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60 Liability of road authority for failure to maintain public road.
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61 Proof of claims damages or contribution in bankruptcy.
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62 Application of moneys payable under certain policies of insurance.
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63 Costs in certain actions in which the plaintiff is an infant.
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SCHEDULE
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AN ACT TO REFORM THE LAW RELATING TO CIVIL LIABILITY, PROVIDING IN PARTICULAR FOR THE SURVIVAL OF CAUSES OF ACTION ON DEATH, FOR PROCEEDINGS AGAINST AND CONTRIBUTION BETWEEN CONCURRENT WRONGDOERS AND FOR LIABILITY IN CASES OF CONTRIBUTORY NEGLIGENCE, TO PROVIDE FOR DAMAGES FOR THE BENEFIT OF THE DEPENDANTS OF ANY PERSON FATALLY INJURED BY THE WRONGFUL ACT, NEGLECT OR DEFAULT OF ANOTHER, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING.
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[17th August, 1961.]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
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