Law Reform (Contributory Negligence) Act 1945

5 Application to Scotland.

In the application of this Act to Scotland—

(a) the expression " dependant " means, in relation to any person, any person who would in the event of such first mentioned person's death through the fault of a third" party be entitled to sue that third party for damages or solatium ; and the expression " fault " means wrongful act, breach of statutory duty or negligent act or omission which gives rise to liability in damages, or would apart from this Act, give rise to the defence of contributory negligence ;

(b) for any reference to section six of the Law Reform (Married Women and Tortfeasors) Act, 1935, there shall be substituted a reference to section three of the [3 & 4 Geo. 6. c. 42.] Law Reform (Miscellaneous Provisions) (Scotland) Act, 1940 (which relates to contribution among joint wrongdoers) ;

(c) for subsection (4) of section one the following subsection shall be substituted—

(4) Where any person dies as the result partly of his own fault and partly of the fault of any other person or persons, a claim by any dependant of the first mentioned person for damages or solatium in respect of that person's death shall not be defeated by reason of his fault, but the damages or solatium recoverable shall be reduced to such extent as the court thinks just and equitable having regard to the share of the said person in the responsibility for his death.