Singapore legislation

Section 16

of Civil Law Act 1909

Section 16

Assessment of contribution

(1)

Subject to subsection (3), in any proceedings for contribution under section 15, the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person’s responsibility for the damage in question.

(2)

Subject to subsection (3), the court shall have power in any such proceedings to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.

(3)

Where the amount of the damages which have or might have been awarded in respect of the damage in question in any action brought in Singapore by or on behalf of the person who suffered it against the person from whom the contribution is sought was or would have been subject to —

(a)

any limit imposed by or under any written law or by any agreement made before the damage occurred;

(b)

any reduction by virtue of section 3 of the Contributory Negligence and Personal Injuries Act 1953; or

(c)

any corresponding limit or reduction under the law of a country outside Singapore,the person from whom the contribution is sought shall not, by virtue of any contribution awarded under section 15, be required to pay in respect of the damage a greater amount than the amount of those damages as so limited or reduced.