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Road Traffic Act · s 86

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s 86Extension of owner’s common law liability

(1)

In addition to any liability imposed by the common law upon the owner of a motor vehicle for any injury or damage that may be caused by, or by reason of the use of such motor vehicle, such owner shall be liable for any injury or damage caused by any accident which occurs through the negligent driving of such motor vehicle by any person employed by him as a driver of such motor vehicle when not acting within the scope of his employment, or by any other person permitted by him to drive such vehicle, or by any person deputed or permitted by such driver or other person to drive such motor vehicle:

Provided that no proceedings shall lie against an owner by virtue of this section unless the act or omission complained of would apart from this section have given rise to proceedings in tort against the person employed by such owner and that in any such proceedings such owner may avail himself of any defence and any right to require reduction of damages because of the plaintiff’s share of responsibility therefor as would have been available to the person employed by such owner:

Provided also that this provision shall not exempt from liability any other person who at common law is also liable for such injury or damage.

Road Traffic

In this section, “owner” includes the registered owner and the person in whom the property in the motor vehicle is vested.