In effect this requires that the first defendant

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In effect, this requires that the first defendant established the second defendant’s liability in torts. So, the defence is reliant on the fact that there was no intervening act because if there is a NAI, only the person who did that act could be liable. In relation to the amount recoverable, s.24(2) states that in proceedings under s.23(b) the amount recoverable is such that the judge considers just and equitable, having regard to each party’s extent of responsibility for the damage. This is similar to the situation in contributory negligence. * * *
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A good Samaritan will be protected from a civil liability even where they caused the accident or emergency through their own act or omission s 31B Wrongs Act 31A Definition In this Part, injury means personal or bodily injury and includes— (a) pre-natal injury; and (b) psychological or psychiatric injury; and (c) disease; and (d) aggravation, acceleration or recurrence of an injury or disease. 31B Protection of good samaritans (1) A good samaritan is an individual who provides assistance, advice or care to another person in relation to an emergency or accident in circumstances in which— (a) he or she expects no money or other financial reward for providing the assistance, advice or care; and (b) as a result of the emergency or accident the person to whom, or in relation to whom, the assistance, advice or care is provided is at risk of death or injury, is injured, is apparently at risk of death or injury, or is apparently injured. (2) A good samaritan is not liable in any civil proceeding for anything done, or not done, by him or her in good faith (a) in providing assistance, advice or care at the scene of the emergency or accident; or (b) in providing advice by telephone or by another means of communication to a person at the scene of the emergency or accident. (3) Subsection (2) applies even if the emergency or accident was caused by an act or omission of the good samaritan. (4) Subsection (2) does not apply to any act or omission of a good samaritan that occurs before the assistance, advice or care is provided by the good samaritan. Volunteers will generally be afforded legislative protection from liability in tort 34 Definitions In this Part— community organisation means— (a) an incorporated association under the Associations Incorporation Act 1981 ; (b) a municipal council or other incorporated local government body; (c) any other body corporate; (d) any public entity or public service body within the meaning of the Public Administration Act 2004 or other person or body acting on behalf of the State— that organises the doing of community work by volunteers; community work has the meaning set out in section 36; organise includes to direct and to supervise; volunteer has the meaning set out in section 35.
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