Damages (Apportionment and Assessment) Act (Chapter 8:06)
Zimbabwe
Damages (Apportionment and Assessment) Act
Chapter 8:06
- There are multiple commencements:
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Provisions | Status |
---|---|
Section 1–8 |
commenced on 1 June 1971. |
Section 9 |
commenced on 9 November 1973. |
This Act may be cited as the Damages (Apportionment and Assessment) Act [Chapter 8:06]. In this Act—“fault” means negligence, breach of statutory duty or any other act, omission or circumstance which gives rise to delictual liability, or which would, but for this Act, give rise to the defence of contributory negligence. Where any person suffers damage which was caused by the fault of two or more wrongdoers, whether or not they were acting in concert, the court may—(a)order that the amount of damages awarded be paid by the wrongdoers jointly or severally, the one paying the other or others to be absolved:Provided that the court may, at the request of one of the wrongdoers, specify the proportions of the damages payable by the wrongdoers amongst themselves as the court considers just and equitable, having regard to the respective degrees of fault of the wrongdoers;(b)order that the amount of damages awarded be paid by the wrongdoers in such proportions as the court considers just and equitable, having regard to the respective degrees of fault of the wrongdoers;(c)make such order as to costs as the court considers just and equitable in all the circumstances of the case, including an order that costs be paid—(i)jointly and severally by such persons as the court may specify, the one paying the others to be absolved:Provided that the court may, at the request of one of such persons, specify the proportions of the costs payable by such persons amongst themselves;(ii)in such proportions by such persons as the court considers just and equitable, having regard to the respective degrees of fault of those persons. Where a wrongdoer pays damages to a person who has suffered damage as a result of the fault of that wrongdoer and one or more other wrongdoers, whether or not they were acting in concert—(a)in full settlement of the damages suffered; or(b)to an extent which is greater than that which might have been apportioned to him by a court, having regard to his respective degree of fault;such first-mentioned wrongdoer may claim a contribution in respect of damages he has paid from the other wrongdoer or wrongdoers concerned, having regard to their respective degrees of fault. Where any person suffers damage as a result of the injury to, or death of, another person and the injury or death was caused by the fault of the injured or deceased person and one or more wrongdoers, sections five, six and seven shall apply, mutatis mutandis, as if the injured or deceased person or his estate, as the case may be, were a wrongdoer.1. Short title
2. Interpretation
3. Application of Act
4. Apportionment of liability in case of contributory negligence
5. Apportionment of damages in cases involving two or more wrongdoers
6. Joinder of all wrongdoers
7. Claim for contribution by wrongdoer
8. Injured or deceased person treated as a wrongdoer
9. Certain benefits to be excluded in assessment of damages