3.
| (1)
| | (a) Where any person suffers damage which is caused partly by his own fault and partly by the fault of any other person, a claim in respect of that damage shall not be defeated by reason only of the fault of the claimant, but the damages recoverable in respect thereof shall be reduced by the court to such extent as the court may deem just and equitable having regard to the degree in which the claimant was at fault in relation to the damage. | | |
| | (b) Damage shall, for the purpose of paragraph (a) of this sub-section, be regarded as having been caused by a person's fault, notwithstanding the fact that any other person had an opportunity of avoiding the consequences thereof and negligently failed to do so. | | |
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| (2) Where damages are recoverable by any person by virtue of the operation of the provisions of sub-section (1) subject to such reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault. |
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| (3) Where, in any case to which the provisions of sub-section (1) apply, one of the persons at fault avoids liability to any other such person or his personal representative by pleading any written law prescribing the period wherein notice of action should have been given, or limiting the time within which proceedings may be taken, such person shall not be entitled to recover any damages from such other person or his personal representative by virtue of the operation of the provisions of the said sub-section. |
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Sri Lanka Consolidated Acts