For our series of Insights relating to negligence and a failure to take reasonable care, see our Insights page.

Alternatively you can go straight to:

‘Proportionate Liability Legislation (1): Joint & several liability, versus proportionate liability’

‘Proportionate Liability Legislation (2): The Civil Liability Act (2002) - Introducing Proportionate Liability’

‘Proportionate Liability Legislation (3): The Civil Liability Act (2002) - Contracting Out (standard of care)’

‘Proportionate Liability Legislation (3): The Civil Liability Act (2002) - Causation’

The Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 relates to the common law doctrine of contributory negligence, & the liability of joint & several tortfeasors to make contribution in damages.  Subject to the proportionate liability provisions in Part 1F of the Civil Liability Act 2002 (WA), section 7 of the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 provides rules applicable if there are 2 or more tortfeasors.

Where there are multiple wrongdoers & a question arises as a matter of interpretation of any relevant express provisions of a related contract as to whether the limited contracting out provisions of section 4A of the Civil Liability Act 2002 (WA) have resulted in the exclusion, modification or restriction of the proportionality provisions in Part 1F, these two Acts may pose interesting questions in the course of providing advice & assistance to an affected party.

Our legal services include providing advice on this complex area, and more specifically, in connection with the following:

Claims in negligence & other claims based on failure to exercise reasonable care (whether arising in contract, tort or under statute) as regards civil liability & apportionable claims under proportionate liability legislation,

The application of proportionate liability legislation in diverse industrial & commercial contexts,

Apportionable claims under proportionate liability legislation,

Claims based on failure to take reasonable care, apportionable claims, concurrent wrongdoers & the Civil Liability Act 2002 Part 1F – proportionate liability (for apportionable claims) & section 4A (limited contracting out), 

Contract, negligence & failure to take reasonable care in the performance of agreements & contracts, & connected legal issues, in diverse industrial or commercial contexts,  

Contract, negligence & connected legal issues where there has been a failure to take reasonable care in diverse resources, industrial & infrastructure contexts & circumstances,

The interpretation & application of proportionate liability legislation,

The interpretation & application of the Law Reform (Contributory Negligence & Tortfeasors’ Contribution) Act 1947.