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CIVIL LIABILITY ACT, 1963 (ACT
176)
ARRANGEMENT OF SECTIONS
Section
PART I—CONTRIBUTORY NEGLIGENCE
1. Apportionment of liability in
case of contributory negligence.
2. Finding under section 1 of this
Act.
3. Estoppel in case of
contributory negligence.
PART II—CONCURRENT WRONGDOERS
4. Definitions.
5. Judgment against wrongdoer.
6. Limitation of damages where
more than one action is brought.
7. Right of contribution.
8. Determination of contribution
in action for damages.
9. Recovery of contribution
determined in action for damages.
10. Claim for contribution.
11. Third party notice.
12. Limitation of actions against
one of concurrent wrongdoers.
13. Limitation of actions for
contribution.
14. Agreement for indemnity.
PART III—FATAL INJURIES
15. Definitions.
16. Action where death caused by
wrongful act.
17. Action in event of death of
passenger in air accident.
18. Damages.
19. Powers of court in action
relating to air accident.
20. Sums not to be taken into
account in assessing damages.
21. Reduction of damages under
Part I.
22. Survival of cause of action
vested in deceased person.
PART IV—SURVIVAL OF CAUSES OF
ACTION ON DEATH
23. Survival of cause of action
subsisting against deceased
person.
24. Non-application of sections 22
and 23 of this Act.
25. Additional rights of
dependants.
26. Limitation of action against
estate.
27. Measure of damages for benefit
of estate.
28. Insolvency of estate.
PART V—MISCELLANEOUS PROVISIONS
29. Abolition of last opportunity
rule.
30. Abolition of doctrine of
common employment.
31. Plea of statute of limitation
a bar to cross-action.
32. Maritime cases.
33. Insolvency of one wrongdoer.
34. Wrongs to unborn child.
35. Interpretation generally.
36. Statutes ceasing to apply.
37. Repeal.
38. Savings for past cases.
39. Amendment of carriage by Air
Order.
SCHEDULES
First Schedule
Second Schedule—Statutes Ceasing
to Apply
THE HUNDRED AND SEVENTY-SIXTH
ACTOF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE CIVIL LIABILITY ACT, 1963
AN ACT to reform the law relating
to civil liability, providing, in
particular, for the amendment of
the law relating to contributory
negligence, contribution between
concurrent wrongdoers, liability
for fatal injuries, survival of
causes of action on death and the
abolition of the defence of common
employment.
DATE OF ASSENT: 19th April, 1963
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows—
PART I—CONTRIBUTORY NEGLIGENCE
Section 1—Apportionment of
Liability in Case of Contributory
Negligence.
(1) Where any person suffers
damage as the result partly of the
fault of any other person and
partly of his own fault or the
fault of someone for whom he is
responsible (in this Part referred
to as contributory negligence), a
claim in respect of that damage
shall not be defeated by reason of
the fault of the person suffering
damage, but the damages
recoverable in respect thereof
shall be reduced to such extent as
the court thinks just and
equitable having regard to the
plaintiff's share in the
responsibility for the damage:
Provided that—
(a) if, having regard to all the
circumstances of the case, it is
not possible to establish
different degrees of fault, the
liability shall be apportioned
equally;
(b) this section shall not
operate to defeat any defence
arising under a contract;
(c) where any contract or
enactment providing for the
limitation of liability is
applicable to the claim, the
amount of damages recoverable by
the plaintiff by virtue of this
section shall not exceed the
maximum limit so applicable.
(2) Article 21 of the Warsaw
Convention (which empowers a court
to exonerate wholly or partly a
carrier who proves that the damage
was caused by or contributed to by
the negligence of the injured
person) shall have effect subject
to the provisions of this Part.
Section 2—Finding Under Section 1
of this Act.
(1) Where damages are awarded to
any person by virtue of section 1
of this Act, the court shall find
and record—
(a) the total damages that would
have been awarded if there had not
been contributory negligence;
(b) where the plaintiff's damages
are reduced under the said
section, the proportion of such
damages that shall not be awarded
to the plaintiff and the
proportion that shall be payable
by the defendant, or respective
proportions that shall be payable
by each of the defendants if more
than one, expressed in each case
in percentage of the total fault
of the plaintiff and defendant;
(c) whose negligence, want of care
or caution, or wrong contributed
to whose or what damage, and in
what respects.
(2) It shall be the duty of the
court to make the requisite
calculations following upon such
findings.
Section 3—Estoppel in Case of
Contributory Negligence.
(1) Where a plaintiff has his
damages reduced under section 1 of
this Act on account of
contributory negligence, and the
defendant subsequently brings an
action against the plaintiff in
respect of damage arising out of
the same facts, the determination
of liability and the apportionment
of fault in the first action shall
be binding between the parties in
the second action.
(2) This section shall apply
between two parties
notwithstanding that one of them
is party to the two actions in
different capacities.
PART II—CONCURRENT WRONGDOERS
Section 4—Definitions.
In this Part—
"concurrent wrongs" means the
wrongs of two or more persons
which result in the same damage to
another person;
"concurrent wrongdoers" means
wrongdoers who are responsible for
the same damage to another person
whether by reason of the same or
several wrongs.
Section 5—Judgment Against
Wrongdoers.
Judgment recovered against a
wrongdoer shall not be a bar to an
action against any concurrent
wrongdoer in respect of the same
damage.
Section 6—Limitation of Damages
where More Than One Action is
Brought.
(1) If judgments are obtained in
respect of the same damage in
separate actions against
concurrent wrongdoers the sums
recoverable under the judgments by
way of damages shall not exceed in
the aggregate the amount of
damages awarded by the judgment
first given.
(2) In this section the reference
to "judgment first given" shall in
a case where that judgment is
reversed on appeal, be construed
as a reference to the judgment
first given which is not so
reversed and, in a case where a
judgment is varied on appeal, be
construed as a reference to that
judgment as so varied.
(3) The plaintiff shall not be
entitled to costs in any of the
actions other than in the action
in which judgment is first given
unless the court is of opinion
that there was reasonable ground
for bringing the action as a
separate action.
Section 7—Right of Contribution.
A
wrongdoer may recover contribution
in accordance with this Act from
any concurrent wrongdoer in
respect of the same damage.
Section 8—Determination of
Contribution in Action for
Damages.
(1) Where in an action for damages
two or more concurrent wrongdoers
are before the court, either as
defendants or in pursuance of a
third-party notice, this section
shall have effect for the purpose
of determining the contribution
recoverable from each of them.
(2) The court may, on the
application of a defendant,
apportion the damages awarded in
the action amongst them as it
thinks fit having regard to all
the circumstances and, in
particular, to the extent to which
they were respectively responsible
for the damage.
(3) The court may, in any case,
apportion the costs awarded to the
plaintiff as it thinks fit.
(4) An apportionment may be such
as to confer a complete indemnity
on any one or more of the
concurrent wrongdoers.
(5) No apportionment shall be made
unless the court is satisfied that
all the concurrent wrongdoers are
before the court.
Section 9—Recovery of Contribution
Determined in Action for Damages.
(1) A wrongdoer who has paid,
whether to the judgment creditor
or by way of contribution awarded
to concurrent wrongdoers, an
aggregate sum in excess of the
amount apportioned to him under
section 8 of this Act shall be
entitled to recover contribution
from any concurrent wrongdoer who
is not entitled to indemnity or
who has not already paid as
aforesaid a sum equal to that
apportioned to him.
(2) The contribution shall be the
amount of the excess or the amount
by which the sum which the
concurrent wrongdoer has so paid
falls short of that apportioned to
him, whichever is the less.
Section 10—Claim for Contribution.
(1) Where an apportionment under
section 8 of this Act has not been
made, a wrongdoer who has paid any
sum in respect of the damage and
costs shall be entitled to recover
contribution against a concurrent
wrongdoer in accordance with this
section.
(2) The amount of the contribution
shall be such amount as the court
thinks fit having regard to all
the circumstances and, in
particular, to the extent to which
the claimant, the concurrent
wrongdoer and any other concurrent
wrongdoers were respectively
responsible for the damage and to
any sum which the concurrent
wrongdoer has already paid in
respect of the damage and costs
whether directly or by way of
contribution.
(3) Where any sum so paid by the
claimant was paid on foot of a
settlement with the injured party
and the court is of opinion that
the settlement was excessive, the
contribution shall be estimated on
the basis of such sum as, in the
opinion of the court, would have
been a reasonable settlement.
(4) The amount of the contribution
may be such as to afford to the
claimant a complete indemnity.
(5) No contribution shall be
recoverable against a person who
is entitled to be indemnified by
the claimant in respect of the
damage.
Section 11—Third Party Notice.
Where, in an action for damages
for a wrong, a defendant claims
that a person not a party to the
action is wholly or partly
responsible as a wrongdoer, the
court may on such terms as the
court thinks proper, give leave to
the defendant to issue and serve
upon that person a third party
notice.
Section 12—Limitation of Actions
against One of Concurrent
Wrongdoers.
For the purpose of any enactment
on limitation of actions concealed
fraud by one of concurrent
wrongdoers shall not suspend time
for another or others.
Section 13—Limitation of Actions
for Contribution.
An action to recover contribution
shall not be brought after the
expiration of two years from the
date on which the cause of action
accrued.
Section 14—Agreement for
Indemnity.
Nothing in this Part shall render
enforceable any agreement for
indemnity which would not have
been enforceable if this Act had
not been passed.
PART III—FATAL INJURIES
Section 15—Definitions.
In this Part—
"Dependant", in relation to a
person whose death is caused by a
wrongful act, includes—
(a) any member of the family of
the deceased,and
(b) any other person whom he was
by reason of adoption under the
Adoption Act, 1962 (Act 104) or
otherwise obliged to maintain and
who suffers loss or mental
distress as a result of the death;
"Member of the Family" means—
(a) when used in relation to a
citizen of Ghana anyone of those
persons mentioned in the First
Schedule according as the family
is based on the paternal or
maternal system;
(b) when used in relation to a
person who is not a citizen of
Ghana, the wife, husband, father,
mother, grandfather, grandmother,
stepfather, stepmother, son,
daughter, grandson,
grand-daughter, stepson,
step-daughter, brother, sister,
half-brother or half-sister.
Section 16—Action where Death
Caused by Wrongful Act.
(1) Where the death of a person
is caused by the fault of another
such as would have entitled the
party injured, but for his death,
to maintain an action and recover
damages in respect thereof, the
person who would have been so
liable shall be liable to an
action for damages for the benefit
of the dependants of the deceased.
(2) Only one action may be
brought in respect of the death.
(3) The action may be brought by
the personal representative of the
deceased or if, at the expiration
of six months from the death,
there is no personal
representative or no action has
been brought by the personal
representative, by all or any of
the dependants.
(4) The action, by whomsoever
brought, shall be for the benefit
of all the dependants.
(5) The plaintiff shall furnish
the defendant with particulars of
the persons for whom and on whose
behalf the action is brought and
of the nature of the claim in
respect of which damages are
sought to be recovered.
(6) The action shall be commenced
within three years after the
death.
Section 17—Action in Event of
Death of Passenger in Air
Accident.
In the event of the death of a
passenger in international
carriage to which the Warsaw
Convention applies, for which a
carrier is liable under Article 17
of the Convention for damages
sustained in such death, if the
accident which caused the damage
took place on board the aircraft
or in the course of any of the
operations of embarking or
disembarking—
(a) the provisions of section 16
of this Act shall apply to an
action brought in Ghana to enforce
the liability;
(b) the liability shall be in
substitution for any other
liability imposed by law.
Section 18—Damages.
(1) The damages under section 16
of this Act shall be—
(a) the total of such amounts (if
any) as the court considers
proportionate to the loss
resulting from the death to each
of the dependants, respectively,
for whom or on whose behalf the
action is brought, and
(b) subject to subsection (2), the
total of such amounts (if any) as
the court shall consider
reasonable compensation for mental
distress resulting from the death
of such dependants.
(2) The total of any amounts
awarded by virtue of paragraph (b)
of subsection (1) shall not exceed
one thousand pounds.
(3) Each amount awarded by virtue
of subsection (1) shall be
indicated separately in the award.
(4) Paragraph (b) of subsection
(1) shall have effect only in
respect of a death occurring
within three years after the date
of the passing of this Act.
(5) In addition, damages may be
awarded in respect of expenses
actually incurred by the deceased
before his death and in respect of
funeral and other expenses
incurred by the dependants or the
personal representative by reason
of the wrongful act.
(6) It shall be sufficient for a
defendant, in paying money into
court in the action, to pay it in
one sum as compensation for all
the dependants without
apportioning it between them.
(7) The amount recovered in the
action shall, after deducting the
costs not recovered from the
defendant, be divided among the
persons entitled in such shares as
the court may have determined.
Section 19—Powers of Court in
Action Relating to Air Accident.
In the case of an air accident
section 18 of this Act is subject
to the provisions of the Warsaw
Convention limiting the liability
of the carrier and the court
before which the action is brought
may at any stage of the
proceedings make such order as
appears to the court to be just
and equitable in view of those
provisions and of any proceedings
which have, or are likely to be,
commenced outside Ghana in respect
of the death of the passenger.
Section 20—Sums Not to be taken
into Account in Assessing Damages.
In assessing damages account shall
not be taken of—
(a) any sum payable on the death
of the deceased under any contract
of insurance;
(b) any pension, gratuity or other
like benefit payable under any
enactment or otherwise in
consequence of the death of the
deceased.
Section 21—Reduction of Damages
Under Part I.
If the death was caused partly by
the fault of the defendant and
partly by the deceased's
contributory negligence the
damages recoverable in the action
may be reduced under Part I.
PART IV—SURVIVAL OF CAUSES OF
ACTION ON DEATH
Section 22—Survival of Cause of
Action Vested in Deceased Person.
A
cause of action vested in a person
shall on his death survive for the
benefit of his estate.
Section 23—Survival of Cause of
Action Subsisting Against Deceased
Person.
(1) A cause of action subsisting
against a person shall on his
death survive against his estate.
(2) Where damage has been
suffered by reason of any act in
respect of which a cause of action
would have subsisted against any
person if he had not died before
or at the same time as the damage
was suffered, there shall be
deemed, for the purposes of
subsection (1), to have been
subsisting against him before his
death such cause of action in
respect of that act as would have
subsisted if he had died after the
damage was suffered.
Section 24—Non-application of
Sections 22 and 23 of this Act.
The provisions of sections 22 and
23 of this Act shall not apply to
—
(a) a cause of action for breach
of promise to marry or seduction
or for inducing one spouse to
leave or remain apart from the
other or for damages for adultery;
or
(b) a claim for compensation under
the Workmen's Compensation
Ordinance (Cap. 94).
Section 25—Additional Rights of
Dependants.
The rights conferred by this Part
for the benefit of the estate of a
deceased person are in addition to
the rights conferred on the
dependants of deceased persons by
Part III.
Section 26—Limitation of Action
Against Estate.
(1) In this section "relevant
period" means the period
prescribed by any enactment on
limitations of actions.
(2) No proceedings shall be
maintainable in respect of any
cause of action which has survived
against the estate of a deceased
person unless either—
(a) proceedings against him in
respect of that cause of action
were commenced within the relevant
period and were pending at the
date of his death; or
(b) proceedings are commenced in
respect of that cause of action
within the relevant period or
within the period of two years
after his death, whichever period
first expires.
Section 27—Measure of Damages for
Benefit of Estate.
(1) Damages recoverable for the
benefit of the estate by virtue of
this Act shall not include
exemplary damages.
(2) Where the death of the
deceased was caused by the act
which gives rise to the cause of
action for the benefit of the
estate, the damages shall be
calculated without regard to any
loss or gain to the estate
consequent on the death, except
that a sum for funeral expenses
may be added.
Section 28—Insolvency of Estate.
If an estate is insolvent, any
liability in respect of a cause of
action which survives against it
shall be a debt provable in the
administration of the estate
notwithstanding that it is a
demand in the nature of
unliquidated damages arising
otherwise than by a contract of
promise.
PART V—MISCELLANEOUS PROVISIONS
Section 29—Abolition of Last
Opportunity Rule.
The fact that a person—
(a) had an opportunity of avoiding
the consequences of the act of
another but negligently or
carelessly failed to do so; or
(b) might have avoided those
consequences by the exercise of
care; or
(c) might have avoided those
consequences but for previous
negligence or want of care on his
part, shall not free that other
from responsibility for such
consequences.
Section 30—Abolition of Doctrine
of Common Employment.
(1) The fact that a person
causing and a person suffering
injury are fellow workmen engaged
in a common employment and under a
common employer shall not relieve
the employer from responsibility
for the results of the injury.
(2) Any provision in a contract,
whenever made, relieving him from
responsibility or limiting his
liability is void.
Section 31—Plea of Statute of
Limitation, a Bar to Cross-action.
Where, in any action for damages
or in any claim for contribution
under Part II, the defendant
avoids liability to the plaintiff
by pleading any enactment limiting
the time within which proceedings
may be brought, neither he nor any
other person responsible for his
acts shall be entitled to recover
any damages or contribution from
the plaintiff or from any person
responsible for his acts in
respect of the matters in issue.
Section 32—Maritime Cases.
(1) Notwithstanding anything in
this Act, where, by the fault of
two or more vessels, damage is
caused to one or more of those
vessels or to another vessel or to
the cargo of any of those vessels
or any property on board, and an
action is brought for such damage,
the liability of each vessel in
respect of such damage shall be in
proportion to the degree in which
such vessel was in fault and
accordingly there shall be no
right of contribution in respect
of such apportioned liability:
Provided that—
(a) if, having regard to all the
circumstances of the case, it is
not possible to establish
different degrees of fault, the
liability shall be apportioned
equally among the vessels in
fault;
(b) nothing in this subsection
shall affect the liability of any
person under a contract of
carriage or any contract, or shall
be construed as imposing any
liability upon any person from
which he is exempted by any
contract or by any provision of
law, or as affecting the right of
any person to limit his liability
in the manner provided by law.
(2) For the purposes of
subsection (1) the liability of a
vessel for damage shall mean the
liability of those responsible for
the proper navigation and
management of the vessel.
(3) The provisions of subsection
(1) shall not apply to a claim for
loss of life or personal injuries.
(4) Where, by the sole or
concurrent fault of a vessel
damage is caused to that or
another vessel or to the cargo or
any property on board either
vessel, or loss of life or
personal injury is suffered by any
person on board either vessel,
then, subject to subsection (5),
no action shall be maintainable to
enforce a claim for damages or
lien in respect of such damage,
loss of life or injury unless
proceedings are commenced within
two years from the date when such
damage, loss of life or injury was
caused; and an action shall not be
maintainable to enforce any claim
for contribution in respect of an
overpaid proportion of any damages
for loss of life or personal
injuries unless proceedings are
commenced within one year from the
date of payment.
(5) Any court having jurisdiction
to deal with an action to which
subsection (4) relates may,
subject to any rules of court,
extend the period referred to in
that subsection to such extent and
subject to such conditions as it
thinks fit, and shall, if
satisfied that there has not
during such period been any
reasonable opportunity of
arresting the defendant's vessel
within the jurisdiction of the
court or within the territorial
waters of the country to which the
plaintiff's vessel belongs or in
which the plaintiff resides or has
his principal place of business,
extend any such period to an
extent sufficient to give such
reasonable opportunity.
(6) For purposes of subsections
(1), (2), (3) and (4), references
to damage caused by the fault of a
vessel shall be construed as
including references to any
salvage or other expenses,
consequent upon that fault,
recoverable at law by way of
damages and such expenses shall be
deemed to be a damage caused when
they are incurred.
(7) The provisions of this section
shall be applied in all cases
heard and determined in any court
having jurisdiction to deal with
the case and in whatever waters
the damage in question was caused
or the salvage services or other
expenses in question were rendered
or incurred.
(8) This section shall be
construed as one with the Merchant
Shipping (Transitory Provisions)
Act, 1957 (No. 23) as subsequently
amended.
Section 33—Insolvency of One
Wrongdoer.
Where it is made to appear to the
court that—
(a) one wrongdoer in whose favour
judgment is given is or may be
insolvent; or
(b) the estate of one wrongdoer
for the benefit of which judgment
is given is or may be insolvent,
provision shall be made to ensure
that such first-mentioned
wrongdoer or such estate, as the
case may be, shall be deprived of
recovery to the extent that the
wrongdoer or estate is liable to
another party or in the aggregate
to other parties as a result of
the same accident, occurrence or
transaction; and for that purpose
judgment in favour of the
wrongdoer or for the benefit of
the estate shall, where necessary,
be attached in whole or in part
for the benefit of another party
in whose favour judgment is given.
Section 34—Wrongs to Unborn Child.
For the avoidance of doubt it is
hereby declared that the law
relating to wrongs shall apply to
an unborn child for his protection
in like manner as if the child
were born, provided that child is
subsequently born alive.
Section 35—Interpretation
Generally.
In this Act unless the context
otherwise requires:—
"action" includes counterclaim and
arbitration;
"any enactment on limitations of
actions" includes sections 13, 16
and 32 of this Act;
"court" includes arbitrator;
"defendant" includes defendant to
a counterclaim;
"fault" means a wrongful act;
"negligence" includes breach of
statutory duty;
"Warsaw Convention" means the
Convention having the force of law
by virtue of Article 40 of the
Constitution which continues in
force the Carriage by Air,
(Colonies, Protectorates and Trust
Territories) Order, 1953 (No.
1474) and set out in the First
Schedule to that Order;
"wrong" means a tort (including a
tort which is a crime), breach of
contract or breach of trust;
"wrongdoer" means a person who
commits or is otherwise
responsible for a wrong.
Section 36—Statutes Ceasing to
Apply.
Each statute mentioned in the
Second Schedule to this Act shall,
to the extent specified in the
third column of that Schedule,
cease to apply in Ghana.
Section 37—Repeal.
The Law Reform (Civil Wrongs) Act,
1959 (No. 12) is hereby repealed.
Section 38—Savings for Past Cases.
(1) Parts I and II shall apply
only where the cause of action
accrues after the commencement of
this Act.
(2) Parts III and IV shall apply
only where death occurs after the
commencement of this Act.
Section 39—Amendment of Carriage
by Air Order.
In paragraph 1 of the Second Annex
to the First Schedule to the
Carriage by Air Order referred to
in section 35 of this Act (which
specifies the persons for whose
benefit actions in respect of a
passenger's death may be brought
under that Order) there shall be
substituted for the words from "In
this paragraph" to the end of the
paragraph, the provisions of
section 15 of this Act.
FIRST SCHEDULE
(Section 15)
Paternal System
Maternal System
Mother, father
Mother, father
wife, son, daughter,
wife,
son, daughter,
brother, sister,
brother, sister,
father's brother.
mother's mother,
mother's sister,
sister's son, sister's daughter,
mother's sister's son,
mother's sister's daughter.
SECOND SCHEDULE
(Section 36)
STATUTES CEASING TO APPLY
_____________________________________________________________________
Section 7 Chapter
Subject-matter
Extent of
cesser
(1)
(2)
(3)
______________________________________________________________________
9
& 10 Vic. 93 (1846)
Fatal Accidents
The whole Act
1
& 2 Geo. 5. c. 57 (1911).
*Maritime Cases
Sections 1, 2, 3, 8 and 9
______________________________________________________________________
*Applied to Ghana by section 9 of
that Act which is continued in
force by Article 40 of the
Constitution.
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