(1) Subject to this
section, this Act applies to liability in damages arising—
(a)
under the law of torts; or
(b) for
breach of a contractual duty of care; or
(c)
under statute.
(2) However, this Act
does not apply to liability in damages arising from any of the following:
(a) the
death of, or personal injury to, a person;
(b)
anything done or omitted to be done by a legal practitioner in acting for a
client in a personal injury claim;
(c) an
intentional tort;
(d) a
breach of trust;
(e)
fraud or dishonesty.
(3) This Act does not
apply to liability which may be the subject of proceedings under Part 18
of the Real Property Act 1886 .
(4) This Act does not
apply to any cause of action arising under, or with respect to, a contract, or
contractual relations, entered into before the commencement of this Act
(whether or not the action lies in contract) unless the parties, after the
commencement of this Act, vary the relevant contract so as to make express
provision for the application of this Act.