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place upon the individual a greater responsibility for the consequences for |
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him of his own actions and of any failure on his part to use common sense; |
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and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Principle of personal responsibility |
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In any civil or criminal action the court must have regard to the principle that |
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a person (P) is responsible for whatever may happen to P as a result of P’s own |
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actions and of any failure on the part of P to use common sense, unless— |
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(a) | there has been a clear breach of a duty of care owed to P by another |
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(b) | P has suffered injury or damage as a result of a deliberate act of another |
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2 | Amendment of Health and Safety at Work etc. Act 1974 |
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(1) | The Health and Safety at Work etc. Act 1974 (c. 37) is amended as follows. |
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(2) | After section 1 insert— |
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“1A | Principle of personal responsibility |
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Nothing in this Act shall impose any liability on any person for any |
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accidental injury or damage suffered by any other person (P) which |
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could have been averted if P had used common sense.” |
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3 | Amendment of Law Reform (Contributory Negligence) Act 1945 |
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(1) | The Law Reform (Contributory Negligence) Act 1945 (c. 28) is amended as |
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(2) | In the proviso to section 1 (apportionment of liability in case of contributory |
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negligence) after paragraph (b) insert— |
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“(c) | where the fault of the person suffering the damage was a failure |
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to use common sense, no damages shall be recoverable by that |
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4 | Short title, commencement and extent |
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(1) | This Act may be cited as the Personal Responsibility Act 2009. |
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(2) | This Act shall come into force at the end of the period of 2 months beginning |
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with the day on which this Act is passed. |
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(3) | This Act extends to England and Wales only. |
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