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Civil Liability Act, 1961 (No. 41)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-5)1. Short title and collective citation.2. Interpretation generally.3. Adaptation of references to repealed Acts.4. Savings.5. Repeals.Part II Survival of Certain Causes of Action on Death (ss. 6-10)Preliminary (s. 6)6. Definition (Part II).Causes of action vested in deceased person (s. 7)7. Survival of certain causes of action vested in deceased person.Causes of action subsisting against deceased person (s. 8-10)8. Survival of certain causes of action subsisting against deceased person.9. Time limit in respect of causes of action which survive against estate of deceased person.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)11. Persons who are concurrent wrongdoers.12. Extent of liability.13. Joinder of defendants.14. Judgments to be several.15. Judgment by default.16. Discharge and estoppel by satisfaction.17. Release of, or accord with, one wrongdoer.18. Judgment against one wrongdoer.19. Judgment in favour of one alleged wrongdoer.20. Limitation of actions against one of concurrent wrongdoers.Chapter II Contribution between concurrent wrongdoers (ss. 21-33)21. Contribution in respect of damages.22. Contribution claimed by settling tortfeasor.23. Enforcement of judgment for contribution.24. Contribution in respect of costs.25. One wrongdoer omitted from claim for contribution; contribution in respect of contribution.26. Contribution where property is restored to its owner.27. Procedure for claiming contribution.28. Distribution of loss on failure to obtain satisfaction.29. Estoppel when contribution is claimed.30. Legal incidents of claim for contribution.31. Limitation of actions for contribution.32. Evidence and appeals.33. Contribution to be regarded as damages.Chapter III Contributory negligence (ss. 34-42)34. Apportionment of liability in case of contributory negligence.35. Identification.36. Set-off of claims.37. Estoppel in case of contributory negligence.38. Liability of concurrent wrongdoers where plaintiff guilty of contributory negligence.39. Bankruptcy of one wrongdoer.40. Special findings.41. Courts of limited jurisdiction.42. Costs in cases of contributory negligence.Chapter IV General (ss. 43-46)43. Application to breaches of strict duty.44. One-sided periods of limitation.45. Restitution.46. Maritime cases.Part IV Fatal Injuries (ss. 47-51)47. Definitions (Part IV).48. Action where death caused by wrongful act, neglect or default.49. Damages.49A. No mental distress damages to certain persons.50. Sums not to be taken into account in assessing damages.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)51A. Interpretation (Part IVA).51B. This Part not applicable to existing causes of action.51C. This Part not applicable to motor accidents in public places.51D. Protection of good samaritans from liability for negligence.51E. Protection of volunteers from liability for negligence.51F. Protection additional to any other protection under other law.51G. Volunteer organisations and duty of care.Part IVB Periodic Payments Orders (ss. 51H-51O)51H. Interpretation (Part IVB)51I. Award of damages by periodic payments51J. Security of periodic payments order51K. Alteration of method of payment51L. Indexation of periodic payments51M. Assignment, commutation or charging of right to periodic payments51N. Appeals51O. Application of this PartPart V Amendments of the Workmen's Compensation Acts, 1934 to 1955 (ss. 52-54)52. Definitions (Part V).53. Amendments of section 60 of the Act of 1934.54. Amendment of section 61 of the Act of 1934.Part VI Amendment of the Air Navigation and Transport Act, 1936 (s. 55)55. Re-enactment, with amendments, of section 18 of the Act of 1936.Part VII Miscellaneous (ss. 56-63)56. Abolition of last opportunity rule.57. Abolition of defences.58. Wrongs to unborn child.59. Liability of Minister for Finance for negligent use of mechanically propelled vehicle.60. Liability of road authority for failure to maintain public road.61. Proof of claims for damages or contribution in bankruptcy.62. Application of moneys payable under certain policies of insurance.63. Costs in certain actions in which the plaintiff is an infant.Schedule - Enactments RepealedSchedule, 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"Schedule, Part II Act of the Parliament of IrelandSchedule, Part III Acts of the Parliament of the late United Kingdom of Great Britain and IrelandSchedule, Part IV Act of the Oireachtas of Saorstat ÉireannSchedule, Part V Acts of the Oireachtas
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 17 August 1961 - onwards

42. Costs in cases of contributory negligence.

As a general principle, but not so as to limit the judge in the exercise of his discretion, where damages are awarded on claim and counterclaim subject in each case to a reduction for contributory negligence under subsection (1) of section 34, costs shall be awarded in the same proportions as damages.

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