Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If a person has died partly because of the person's failure to take reasonable care ( contributory negligence ) and partly because of someone else's wrong, the damages recoverable in an action under this part for the wrong must not be reduced because of the contributory negligence.
(2) Subsection (1) has effect subject to part 7.1 (Damages for personal injuries—exclusions and limitations).
(3) In this section:
"wrong" means an act or omission (whether or not an offence)—
(a) that gives rise to a liability in tort; or
(b) that amounts to a breach of
a contractual duty of care that is concurrent and coextensive with a duty of
care in tort.