ACT 176
CIVIL LIABILITY ACT, 1963
ARRANGEMENT OF SECTIONS
Contributory Negligence
1. Apportionment of liability in case of contributory negligence.
2. Finding under section 1.
3. Estoppel in case of contributory negligence.
Concurrent Wrongdoers
4. Definitions.
5. Judgment against wrongdoer.
6. Limitation of damages, more than one action.
7. Right of contribution.
8. Determination of contribution in action for damages.
9. Recovery of contribution.
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.
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.
Survival of Causes of Action on Death
22. Survival of cause of action vested in deceased person.
23. Survival of cause of action subsisting against deceased person.
24. Non-application of sections 22 and 23.
25. Additional rights of dependants.
g p
26. Limitation of action against estate.
27. Measure of damages for benefit of estate.
28. Insolvency of estate.
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.
36. Statutes ceasing to apply.
37. Repeal.
38. Savings for past cases.
39. Amendment of carriage by Air Order.
SCHEDULES
First Schedule Relationships
Second Schedule Statutes Ceasing to Apply
ACT 176
CIVIL LIABILITY ACT, 19631(1)
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, and to provide for related matters.
Contributory Negligence
1. Apportionment of liability in case of contributory negligence
(1) Where a person suffers damage as the result partly of the fault of any other person and partly of
the fault of that person or the fault of someone for whom that person is responsible, 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 shall be reduced to the extent that the Court thinks just and equitable having regard to the
plaintiff’s share in the responsibility for the damage.
(2) For the purposes of subsection (1),
(a) if, having regard to 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 a defence arising under a contract;
(c) where a contract or an 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.
(3) Article 21 of the Warsaw Convention (which empowers a court to exonerate wholly or partly a
carrier who proves that the damages were caused by or contributed to by the negligence of the injured
person) shall have effect subject to this Act.
2. Finding under section 1
Where damages are awarded to a person by virtue of section 1, 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 section 1, the proportion of the damages that
is not awarded to the plaintiff and the proportion that is payable by the defendant, or
respective proportion that is payable by each of the defendants if more than one, expressed in
each case in percentage of the total fault of the plaintiff and the defendant;
(c) whose negligence, want of care or caution, or wrong contributed to whose or what damage,
and in what respects.
3. Estoppel in case of contributory negligence
(1) Where the damages of a plaintiff are reduced under section 1 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 is binding between the parties in the second action.
(2) Subsection (1) applies between two parties although one of them is party to the two actions in
different capacities.
Concurrent Wrongdoers
4. Definitions
For the purposes of sections 5 to 14,
“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.
5. Judgment against wrongdoer
Judgment recovered against a wrongdoer is not a bar to an action against a concurrent wrongdoer in
respect of the same damage.
6. Limitation of damages, more than one action
(1) Where judgments are obtained in respect of the same damage in separate actions against
concurrent wrongdoers the sums of money 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 is not entitled to costs in any of the actions other than in the action in which
judgment is first given unless the Court is of the opinion that there was reasonable ground for bringing the
action as a separate action.
7. Right of contribution
A wrongdoer may recover contribution in accordance with this Act from a concurrent wrongdoer in
respect of the same damage.
8. Determination of contribution in action for damages
(1) Where in an action for damages two or more concurrent wrongdoers are before the Court, 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 having regard to 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.
(4) An apportionment may confer a complete indemnity on one or more of the concurrent
wrongdoers.
(5) An apportionment shall not be made unless the Court is satisfied that all the concurrent
wrongdoers are before the Court.
9. Recovery of contribution
(1) A wrongdoer who has paid, whether to the judgment creditor or by way of contribution awarded
to concurrent wrongdoers, an aggregate sum of money in excess of the amount apportioned to that
wrongdoers under section 8, is entitled to recover contribution from a concurrent wrongdoer who is not
entitled to indemnity or who has not already paid a sum of money equal to that apportioned to that
concurrent wrongdoer.
(2) The contribution shall be the amount of the excess or the amount by which the sum of money
which the concurrent wrongdoer has so paid falls short of that apportioned to the concurrent wrongdoers
whichever is the less.
10. Claim for contribution
(1) Where an apportionment under section 8 has not been made, a wrongdoer who has paid a sum of
money in respect of the damage and costs is entitled to recover contribution against a concurrent
wrongdoer in accordance with this section.
(2) The amount of the contribution shall be the amount determined by the Court having regard to the
circumstances and, in particular,
(a) to the extent to which the claimant, the concurrent wrongdoer and any other concurrent
wrongdoers were respectively responsible for the damage, and
(b) to a sum of money which the concurrent wrongdoer has already paid in respect of the
damage and costs whether directly or by way of contribution.
(3) Where a sum of money paid by the claimant was paid on proof of a settlement with the injured
party and the Court is of the opinion that the settlement was excessive, the contribution shall be estimated
on the basis of that sum of money which in the opinion of the Court, would have been a reasonable
settlement.
(4) The amount of the contribution may afford to the claimant a complete indemnity.
(5) A contribution is not recoverable against a person who is entitled to be indemnified by the
claimant in respect of the damage.
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 the terms determined by the Court, give
leave to the defendant to issue and serve on that person a third party notice.
12. Limitation of actions against one of concurrent wrongdoers
For the purpose of an enactment on limitation of actions, concealed fraud by one of the concurrent
wrongdoers shall not suspend time for any of the others.
13. Limitation of actions for contribution
An action to recover a contribution shall not be brought after the expiration of two years from the date
on which the cause of action accrued.
14. Agreement for indemnity
A provision of sections 4 to 13 does not render enforceable an agreement for indemnity which would
not have been enforceable if this Act had not been passed.
Fatal Injuries
15. Definitions
For the purposes of sections 16 to 22,
“dependent”, in relation to a person whose death is caused by a wrongful act, includes
(a) a member of the family of the deceased, and
(b) any other person who that member was, by reason of adoption under the relevant law on
adoption 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, any one of those persons mentioned in the First Schedule
as the family, based on the paternal or maternal system;
(b) when used in relation to a person who is not a citizen the wife, husband, father, mother,
grandfather, grandmother stepfather, stepmother, son, daughter, grandson, granddaughter,
stepson, stepdaughter, brother, sister, half-brother or half-sister.
16 Action where death caused by wrongful act
(1) Where the death of a person is caused by the fault of another that would have entitled the party
injured, but for the death, to maintain an action and recover damages the person who would have been so
liable is 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, a person representative has not taken office or an action has not been brought
by the personal representative of all or any of the dependants.
(4) An action brought under subsection (3) is 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.
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 the 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) section 16 of this Act shall apply to an action brought in the Republic to enforce the liability,
and
(b) the liability shall be in substitution for any other liability imposed by law.
18. Damages
(1) The damages under section 16 shall be
(a) the total of the amounts that 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 the amounts that the Court shall consider reasonable
compensation for mental distress resulting from the death of those dependants.
(2) The total of any amounts awarded by virtue of paragraph (b) of subsection (1) shall not exceed
one hundred million cedis.
(3) Each amount awarded by virtue of subsection (1) shall be indicated separately in the award.
(4) Spent.2(2)
(5) In addition, damages may be awarded in respect of expenses actually incurred by the deceased
before the death and in respect of funeral and any other expenses incurred by the dependants or the
personal representative by reason of the wrongful act.
(6) It is sufficient for a defendant, in paying money into court in the action, to pay it in one sum of
money 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 the shares that the Court may have determine.
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 an appropriate order that is just and equitable in view of those
provisions and of any proceedings which have, or are likely to be, commenced outside the Republic in
respect of the death of the passenger.
20. Sums not to be taken into account in assessing damages
In assessing damages, account shall not be taken of
(a) a sum of money payable on the death of the deceased under a contract of insurance, and
(b) a pension, gratuity or any other like benefit payable under an enactment or otherwise in
consequence of the death of the deceased.
21. Reduction of damages
Where 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 sections 1 to 3.
Survival of Causes of Action on Death
22. Survival of cause of action vested in deceased person
A cause of action vested in a person shall on death survive for the benefit of the estate of that person.
23. Survival of cause of action subsisting against deceased person
(1) A cause of action subsisting against a person shall on the death survive against the estate of that
person.
(2) Where damage is suffered by reason of an act in respect of which a cause of action would have
subsisted against a person if that person had not died before or at the same time that the damage was
suffered, there shall be deemed, for the purposes of subsection (1), to have been subsisting against that
person before that person’s death a cause of action in respect of that act as would have subsisted if that
person had died after the damage was suffered.
24. Non-application of sections 22 and 23
Sections 22 and 23 do 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 Act, 1987.3(3)
25. Additional rights of dependants
The rights conferred by sections 22 to 28 for the benefit of the estate of a deceased person are in
addition to the rights conferred on the dependants of a deceased person by sections 15 to 21.
26. Limitation of action against estate
(1) In this section, “relevant period” means the period prescribed by an enactment of limitations of
actions.
(2) Proceedings shall not be maintainable in respect of a cause of action which has survived against
the estate of a deceased person unless
(a) proceedings against that person in respect of that cause of action were commenced within the
relevant period and were pending at the date of the 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 the death, whichever period first expires.
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 a loss or gain to the estate,
consequent on the death, except that a sum of money for funeral expenses may be added.
28. Insolvency of estate
Where an estate is insolvent, a liability in respect of a cause of action which survives against it shall be
a debt provable in the administration of the estate although it is a demand in the nature of unliquidated
damages arising otherwise than by a contract or promise.
Miscellaneous Provisions
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 the
part of that person,
shall not free that other person from responsibility for those consequences.
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 of
the results of the injury.
(2) A provision in a contract, whenever made, relieving the common employer from responsibility or
limiting the liability of the common employer is void.
31. Plea of statute of limitation a bar to cross-action
Where, in an action for damages or in a claim for contribution under sections 4 to 14, the defendant
avoids liability to the plaintiff by pleading an enactment limiting the time within which proceedings may
be brought, neither the defendant nor any other person responsible for the acts is entitled to recover
damages or contribution from the plaintiff or from a person responsible for those acts in respect of the
matters in issue.
32. Maritime cases
(1) Despite 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 property on board,
and an action is brought for the damages, the liability of each vessel in respect of the damage shall be in
proportion to the degree in which the vessel was in fault and accordingly a right of contribution in respect
of the apportioned liability does not exist.
(2) For the purposes of subsection (1),
(a) if having regard to 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 subsection (1) shall affect the liability of a person under a contract of carriage or a
contract, or shall be construed as imposing a liability on a person from which that person is
exempted by a contract or by a provision of law, or as affecting the right of a person to limit
the liability of that person in the manner provided by law.
(3) For the purposes of subsection (1), the liability of a vessel for damage means the liability of those
responsible for the proper navigation and management of the vessel.
(4) Subsection (1) does not apply to a claim for loss of life or personal injuries.
(5) Where, by the sole or concurrent fault of a vessel damage is caused to that or another vessel or to
the cargo or property on board either vessel, or loss of life or personal injury is suffered by a person on
board either vessel, then, subject to subsection (6), an action is not maintainable to enforce a claim for
damages or lien in respect of the damage, loss of life or injury unless proceedings are commenced within
two years from the date when the damage, loss of life or injury was caused; and an action is not
maintainable to enforce a claim for contribution in respect of an overpaid proportion of the damages for
loss of life or personal injuries unless proceedings are commenced within one year from the date of
payment.
(6) A Court having jurisdiction to deal with an action to which subsection (5) relates may, subject to
the rules of court, extend the period referred to in that subsection to the extent and subject to the
conditions as its thinks fit, and shall, if satisfied that there has not during that period been a 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 the
principal place of business, extend the period to an extent sufficient to give a reasonable opportunity.
(7) For purposes of subsections (1), (2), (3), (4) and (5) references to damage caused by the fault of a
vessel shall be construed as including references to salvage or any other expenses, consequent on that
fault, recoverable at law by way of damages and the expenses shall be deemed to be a damage caused
when they are incurred.
(8) This section shall be applied in all cases heard and determined in a Court having jurisdiction to
deal with the case and in whatever waters the damage in question was caused or the salvage services or
any other expenses in question were rendered or incurred.
(9) This section shall be construed as one with the Merchant Shipping (Transitory Provisions) Act,
1957 (No. 23) as subsequently amended.
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 the first-mentioned wrongdoer or that estate, shall be deprived or
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.
34. Wrongs to unborn child
The law relating to wrongs shall apply to an unborn child for the protection of that child as if the child
were born, provided that the child is subsequently born alive.
35. Interpretation
In this Act, unless the context otherwise requires,
“action” includes counterclaim and arbitration;
“an enactment on limitations of actions” includes sections 13, 16 and 32;
“citizen” means a citizen of Ghana;
“contributory negligence” includes the fault of the person who suffers a damage as the result of
any other person’s fault;
“Court” includes a court of competent jurisdiction and an arbitrator;
“defendant” includes a 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, Protectors 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 a wrongful act or is otherwise responsible for a wrong.
36. Statutes ceasing to apply
A statute mentioned in the Second Schedule shall, to the extent specified in the third column of that
Schedule, cease to apply in the Republic.
37. Repeal
Spent.4(4)
38. Savings for past cases
(1) Sections 1 to 14 shall apply only where the cause of action accrues after the commencement of
this Act.
(2) Sections 15 to 28 shall apply only where death occurs after the commencement of this Act.
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 specified 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
RELATIONSHIPS
[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 brother
Mother’s sister
Sister’s son, sister’s daughter
Mother’s sisters son,
Mother’s sister’s daughter
Second Schedule
STATUTES CEASING TO APPLY
[Section 36]
Section 7 Subject-matter Extent of cesser
(1) (2) (3)
9 & 10 Vic. 93 (1846) Fatal accidents The whole Act.
1 & 2 Geo. 5. c. 57 *Maritime Cases Sections 1, 2, 3, 8
(1911) and 9
*Applied to Ghana by section 9 of that Act which is continued in force by article 40 of the
Constitution.
Endnotes
1 (Popup - Footnote)
1. The Act was assented to on 19th April, 1963.
2 (Popup - Footnote)
2. The subsection provided that
“(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.”
3 (Popup - Footnote)
3. P.N.D.C.L. 187.
4 (Popup - Footnote)
4. The section provides for the repeal of the Law Reform (Civil Wrongs) Act, 1959 (No. 12).
