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  1. Civil Liability Act, 1961 (No. 41)
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 17 August 1961

Civil Liability Act, 1961 (No. 41)

Consolidation Status: Updated to reflect all known changes
Comparing proposed amendment...
Introductory Text
Acts Referred to
Part I Preliminary and General (ss. 1-5)
In force
 1. Short title and collective citation.
In force
 2. Interpretation generally.
In force
 3. Adaptation of references to repealed Acts.
In force
 4. Savings.
In force
 5. Repeals.
Part II Survival of Certain Causes of Action on Death (ss. 6-10)
Preliminary (s. 6)
In force
 6. Definition (Part II).
Causes of action vested in deceased person (s. 7)
In force
 7. Survival of certain causes of action vested in deceased person.
Causes of action subsisting against deceased person (s. 8-10)
In force
 8. Survival of certain causes of action subsisting against deceased person.
In force
 9. Time limit in respect of causes of action which survive against estate of deceased person.
In force
 10. Insolvency of estate against which proceedings, are maintainable.
Part III Concurrent Fault (ss. 11-46)
Chapter I Liability of concurrent wrongdoers (ss. 11-20)
In force
 11. Persons who are concurrent wrongdoers.
In force
 12. Extent of liability.
In force
 13. Joinder of defendants.
In force
 14. Judgments to be several.
In force
 15. Judgment by default.
In force
 16. Discharge and estoppel by satisfaction.
In force
 17. Release of, or accord with, one wrongdoer.
In force
 18. Judgment against one wrongdoer.
In force
 19. Judgment in favour of one alleged wrongdoer.
In force
 20. Limitation of actions against one of concurrent wrongdoers.
Chapter II Contribution between concurrent wrongdoers (ss. 21-33)
In force
 21. Contribution in respect of damages.
In force
 22. Contribution claimed by settling tortfeasor.
In force
 23. Enforcement of judgment for contribution.
In force
 24. Contribution in respect of costs.
In force
 25. One wrongdoer omitted from claim for contribution; contribution in respect of contribution.
In force
 26. Contribution where property is restored to its owner.
In force
 27. Procedure for claiming contribution.
In force
 28. Distribution of loss on failure to obtain satisfaction.
In force
 29. Estoppel when contribution is claimed.
In force
 30. Legal incidents of claim for contribution.
In force
 31. Limitation of actions for contribution.
In force
 32. Evidence and appeals.
In force
 33. Contribution to be regarded as damages.
Chapter III Contributory negligence (ss. 34-42)
In force
 34. Apportionment of liability in case of contributory negligence.
In force
 35. Identification.
In force
 36. Set-off of claims.
In force
 37. Estoppel in case of contributory negligence.
In force
 38. Liability of concurrent wrongdoers where plaintiff guilty of contributory negligence.
In force
 39. Bankruptcy of one wrongdoer.
In force
 40. Special findings.
In force
 41. Courts of limited jurisdiction.
In force
 42. Costs in cases of contributory negligence.
Chapter IV General (ss. 43-46)
In force
 43. Application to breaches of strict duty.
In force
 44. One-sided periods of limitation.
In force
 45. Restitution.
In force
 46. Maritime cases.
Part IV Fatal Injuries (ss. 47-51)
In force
 47. Definitions (Part IV).
In force
 48. Action where death caused by wrongful act, neglect or default.
In force
 49. Damages.
In force
 49A. No mental distress damages to certain persons.
In force
 50. Sums not to be taken into account in assessing damages.
In force
 51. Adaptation of references to Fatal Accidents Acts, 1846 to 1908.
Part IVA Liability For Negligence of Good Samaritans, Volunteers and Volunteer Organisations (ss. 51A-51G)
In force
 51A. Interpretation (Part IVA).
In force
 51B. This Part not applicable to existing causes of action.
In force
 51C. This Part not applicable to motor accidents in public places.
In force
 51D. Protection of good samaritans from liability for negligence.
In force
 51E. Protection of volunteers from liability for negligence.
In force
 51F. Protection additional to any other protection under other law.
In force
 51G. Volunteer organisations and duty of care.
Part IVB Periodic Payments Orders (ss. 51H-51O)
In force
 51H. Interpretation (Part IVB)
In force
 51I. Award of damages by periodic payments
In force
 51J. Security of periodic payments order
In force
 51K. Alteration of method of payment
In force
 51L. Indexation of periodic payments
In force
 51M. Assignment, commutation or charging of right to periodic payments
In force
 51N. Appeals
In force
 51O. Application of this Part
Part V Amendments of the Workmen's Compensation Acts, 1934 to 1955 (ss. 52-54)
Repealed
 52. Definitions (Part V).
Repealed
 53. Amendments of section 60 of the Act of 1934.
Repealed
 54. Amendment of section 61 of the Act of 1934.
Part VI Amendment of the Air Navigation and Transport Act, 1936 (s. 55)
In force
 55. Re-enactment, with amendments, of section 18 of the Act of 1936.
Part VII Miscellaneous (ss. 56-63)
In force
 56. Abolition of last opportunity rule.
In force
 57. Abolition of defences.
In force
 58. Wrongs to unborn child.
In force
 59. Liability of Minister for Finance for negligent use of mechanically propelled vehicle.
In force
 60. Liability of road authority for failure to maintain public road.
In force
 61. Proof of claims for damages or contribution in bankruptcy.
In force
 62. Application of moneys payable under certain policies of insurance.
In force
 63. Costs in certain actions in which the plaintiff is an infant.
Schedule - Enactments Repealed
In force
 Schedule, Part I Acts of the Parliament of England applied to Ireland by the Act of the Parliament of Ireland (10 Henry 7. c. 22 (Ir.)) passed in the year 1495 and entitled "An Act confirming all Statutes made in England"
In force
 Schedule, Part II Act of the Parliament of Ireland
In force
 Schedule, Part III Acts of the Parliament of the late United Kingdom of Great Britain and Ireland
In force
 Schedule, Part IV Act of the Oireachtas of Saorstat Éireann
In force
 Schedule, Part V Acts of the Oireachtas
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