Wrongs Act 1954 (TAS)

Legislation au Tasmanian Legislation - Acts (TASLegAct) T A S M A N I A N L E G I S L A T I O N

Legislation content

Wrongs Act 1954

[The long title Substituted by No. 39 of 2000, s. 4, Applied:29 Jun 2000] An Act to amend the law relating to proceedings against, and contributions between, persons committing wrongful acts and the law relating to contributory negligence

[Royal Assent 28 April 1954]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short title [Section 1 Amended by No. 39 of 2000, s. 5, Applied:29 Jun 2000] This Act may be cited as the Wrongs Act 1954 . 2Interpretation [Section 2 Amended by No. 93 of 1973, s. 5 ]In this Act, unless the contrary intention appears – action includes a counter-claim and proceedings by way of arbitration; court, used in relation to a claim, means the court before which the claim falls to be determined, and, except in subsections (6) and (7) of section three, includes an arbitrator before whom the claim falls to be determined; [Section 2 Amended by No. 39 of 2000, s. 6, Applied:29 Jun 2000] [Section 2 Amended by No. 39 of 2000, s. 6, Applied:29 Jun 2000] damage includes loss of life, personal injury, damage to property, economic loss and loss of any other kind; dependant means a person for whose benefit an action could be brought under the Fatal Accidents Act 1934 ; [Section 2 Amended by No. 39 of 2000, s. 6, Applied:29 Jun 2000] plaintiff includes a defendant who counter-claims; [Section 2 Amended by No. 39 of 2000, s. 6, Applied:29 Jun 2000] wrongful act means an act or omission that – (a) gives rise to a liability in tort or would, if it caused damage to another person, give rise to a liability in tort; or (b) amounts to a breach of a contractual duty of care that is concurrent and co-extensive with a duty of care in tort; or (c) amounts to a breach of a statutory duty – and includes an act or omission on the part of a person suffering damage that causes or contributes to the damage and that constitutes a failure on the part of that person to take reasonable care for the protection of his or her person or property. 3Proceedings against, and contribution between, wrongdoers (1)  [Section 3 Subsection (1) amended by No. 39 of 2000, s. 7, Applied:29 Jun 2000] Where damage is suffered by a person as the result of a wrongful act – (a) [Section 3 Subsection (1) amended by No. 39 of 2000, Sched. 1, Applied:29 Jun 2000] [Section 3 Subsection (1) amended by No. 39 of 2000, s. 7, Applied:29 Jun 2000] judgment recovered against a person who is liable in respect of that damage is not a bar to an action against any other person who would, if sued by the person by whom the damage was suffered at the time when the cause of action arose, have…

Continue reading Wrongs Act 1954 (TAS)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.