DRINKWATER AND ANOTHER v. KIMBER.

[1951] 2 Lloyd's Rep. 255

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Husband and wife-Contribution between joint tortfeasors-Injuries sustained by wife (plaintiff) in motor accident - Wife travelling as passenger in car driven by husband-Collision with defendant's car-Negligence of both husband (one-third) and defendant (two-thirds)-Admitted liability of defendant in claim brought by wife- Counterclaim by defendant against husband alleging that, as joint tortfeasor, he was liable to contribute towards damages payable by defendant to wife - Law Reform (Married Women and Tortfeasors) Act, 1935, Sect. 6 (1): Where damage is suffered by any person as a result of a tort . . . any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage. . . . Law Reform (Contributory Negligence) Act, 1945, Sect. 1: (1) Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage. . . (3) Sect. 6 of the Law Reform (Married Women and Tortfeasors) Act, 1935 (which relates to proceedings against, and contribution between, joint and several tortfeasors), shall apply in any case where two or more persons are liable or would, if they had all been sued, be liable by virtue of sub-s. (1) of this section in respect of the damage suffered by any person.

Scope of Act of 1945-Reliance upon Sect. 1 (1)-Suggested superfluity of Sect. 1 (3)-Definition of "damage."