Damages (Apportionment and Assessment) Act
- 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]
|Section 1–8||commenced on 1 June 1971.|
|Section 9||commenced on 9 November 1973.|
1. Short titleThis Act may be cited as the Damages (Apportionment and Assessment) Act [Chapter 8:06].
2. InterpretationIn 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.
3. Application of Act
4. Apportionment of liability in case of contributory negligence
5. Apportionment of damages in cases involving two or more wrongdoersWhere 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—
6. Joinder of all wrongdoers
7. Claim for contribution by wrongdoerWhere 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—
8. Injured or deceased person treated as a wrongdoerWhere 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.
9. Certain benefits to be excluded in assessment of damages
History of this document
01 June 1971