CAP. 148. CYPRUS CIVIL WRONGS 148 OF THE LAW 1959 EDITION PRINTED BY C - PDF document

CAP. 148. CYPRUS CIVIL WRONGS 148 OF THE LAW 1959 EDITION PRINTED BY C. F. ROWORTH LIMITED, 54, GRAFTON WAY, LONDON, W.9. [Appointed by the Govevnmrni of Cypvus tJie Govevnment Pvinlers of this EditioPc of Laws within ihe meaning of the Evidence Colmid Statutes) Act, 1907.11 I959 C.-148 1 .. .. .. .. remedy in respect .. .. in respect . . . . eightt%en years twelve years civil wrong doers, to the the or right iii respect of civil wrong m~t assignable . . .. .. .. I'ART 111. C'IVII. WROKGS �;1SJ DJCFE TO L'EIt'XAiK AiC'IIOSS 'r HE IIEFOk. .. .. .. .. .. .. .. 1)eianiation . . Special defences Unintentional defamation . . .. .. Special defence in case defamatory matter Special defences .. .. False imprisonment .. .. Special defences .. .. 148. 3 Section. Page. 31 32 33 34 35 36 37 38 39 40 41 42 43 4 45 46 47 46 49 50 51 52 53 54 55 56 57 58 59 60 b1 62 63 64 65 66 h7 68 69 Liability of another for false . . for malicious prosecution agent or servant . . . . .. .. causing breach . . .. .. . . for unlawful . . Special defences Public nuisance .. .. .. .. Special defence action for before plaintiff’s . . with daylight . . . . of negligence when . . Special defences . . liability in .. .. of negligence when caused by dangerous things negligence when in respect Special defence .. .. .. .. civil wrong Special defence that act be recovered once under both compensation awarded Workmen’s Compensation . . .. .. civil wrong doers, compensation for libel published Civil wrong which . . .. .. for civil wrongs taken into . . obtaining in otherwise expressly be used construed in in thc I-egulation, rule subsicliary legislat interference with work for 148. 5 - ___ - I the owner thereof or use means immovable means all shall include money, vines, cereals, and other held for person employed in the civil wrongs, injury or civil wrong measured from liable for civil wrong remedies which circumstances a be deemed civil wrong. action in civil wrong be responsible his personal to any action brought against be responsible for brought against civil wrong authorised or brought against lawfully performing civil wrong brought against person lawfully performing action shall state, that that ’ci\.il or military authority arid is either pw-ioiislv wictionetl or hIibsequentl\- ratified hr Her SfLkieyt\ . 7. A corporate bodv sliall riot recover any compensation in respect of any civil wrong tinless it dial1 1iaI.e sufferetl damage thereby. 8. A person iintfer he sued 148. 7 Provided that no action shall be brought against civil wrong any contract such person. action shall be brought civil wrong action shall civil wrong or her representing his by him or her connection with party to a marriage shall liable for more persons respectively liable any act civil wrong civil wrong sued therefor civil wrong civil wrong a crime wrong doer action against person who been liable doer in brought in daalage by was suffered, person, against civil wrong in respect damage (whether civil wrong doers or otherwise) judgments given in those actions first given in which shall not Court is reasonable ground aid in, authorise, command, procure be done person shall be liable an agent, shall be liable manner in such act person, not being his on his interfered with the injury or damage, authorised or act causing or damage, the thing Nothing in this section person for i48. c) 83. (1) For the purposes of this Law a master shall he ::;:;;;:,(,, liable for any act committed by his servant Al. tz of llh \\ ant (a) which he have authorised which was master shall not be shall, without delegated his shall be in the employment notwith- the act not on shall be his principal or was acquired- servant in the the matter Nothing done a member Crown while subject him liability in for causing by that person while a member causing personal . . or vehicle the Crown; and a member treated as service for to the a member Council certifies service for which he a member subsection shall not exempt Court is satisfied Administrative Secretarv, a member in the that at or was a certificate certifying such certificate shall, 148. 11 (a) that a person was or was not on any particular occasion on duty as a member of the armed forces of the Crown in right of its Government in the United Kingdom ; or (b) that at any particular time any land, used for be conclusive Crown,” unless requires, means a member in the United Kingdom. action against remedy for, liability in civil wrong assignable otherwise Defamation consists publication by writing, painting, any act Colony, would be punishable answerable for repetition or the statement; not intend may take like circum- defamation by gestures, spoken or other gestures, spoken for which his profession, impute adultery necessary for should be and its be defamed, can be extrinsic circumstances, defamatory matter effigy, gestures, spoken or other 148. 13 - ____- ._ __ _- - ___ defamatory matter 15 con\ eyed to be dealt with, either description, delivery, distribution, demonstration, person publishing postcard, whether sent to any the iiiatter \\-liich coniplaiiit defence uiider fail by reason only the matter fair coninieut comment shall sections 20 and 21 privileged in Governor, or document or legislative body which is published the matter military, naval over him some person having such conduct a fair pnblished in fair, accurate or tribunal prohibited such publication 148. 15 (h) if the matter published is a copy or reproduction, or in fact a fair any matter tlie previous person publishing the matter is legally made in report made for the ininiaterial whether the matter or false, duty to last mentioned interest in legal, moral or social either in sufficient for which he authority, tq.'wntract otherwise, over the matter by a any matter, such conduct or receive respecting such ii tlie person who some person the matter legislati\-e body hereafter faith by a person, untrue, and the matter untrue, and or false the matter, with intent person defamed necessary for public or interest in in respect such publication such publication not made 148. 17 that other person, make an offer of amends under this and in accepted by the party duly performed, no proceedings for taken or action against responsible for is not otherwise provided by him defamation against or might has not amends under be made must be affidavit specifying person making the matter him innocently section no specified in join in the matter where copies a document or record to the in default make orders the party publication in question, shall include expenses reasonably incurred or taken, the such costs this subsection conditions are did not by virtue might be the matter not defamatorv publisher did by virtue might be under- othei person, all reasonable publisher shall be or agent 148. 19 matter of which he is not the author the matter the author The defendant in defamation may, made or before he subsisting permit been issued has already recovered, or for, compensa- purpose or action has plaintiff was general bad tion in connection is assailed may, having regard all or into consideration action brought against subsisting permit him under Law, in contained in such such newspaper inserted without no gross lack he was was begun before he paper a full exceeding one week, by the falsehood consists business, calling title to no person recover compensation respect thereof an action under be necessary or prove and are he said words profession, calling, business held has in Assault consists intentionally applying touching, moving, either directly obtained by 148. 21 the other to believe upon reasonable grounds intention and light, electrical thing whatever cause damage. action brought necessary for by the damage sought acting under such occupier, from unlawfully upon such immovable or remained he did not enter, enter, upon such have requested refrain from entering upon, entered upon, peaceably complying force used shall forcible felony, reasonable degree of force defend his such movable reasonable degree such movable peaceably complying force used that the lawfully assisting having jurisdiction warrant, committal, from infirmity force used other persons that thf acted under the authoiity plaintiff was 148. 23 -- (h) that the defendant acted bcioIe doing for some person in lawful charge consent on liable for assault committed agent or ratified such False imprisonment means or child, ward in respect false im- or lawtully assisting or writ attachment and person performing would he plaintiff arid are both Majesty's armed defendant acted under any other ratified such such person malicious prosecution furnished information proceedings were master shall he shall Any person lockout in respect in which strikers or out are person, commits 148. 25 (2) For the purposes of this section, the relationship created by marriage shall not be deemed Any person name, description, or otherwise be mistaken ordinary purchaser he is civil wrong against such person shall commit or without shall be no action such representation shall be such representation character, conduct, credit, ability, such representation to the the any action bxought in Iespect of any unkawful detention the onus of proving that the lawful shall having regard no defence defendant purchased such in tbe have been pxoperty alleged een convented defendant shall having regard property converted. the acts such paopenty, interfexence being some person. the act plaint is shall be public nuisance consists omission endktnga-s hie, safety, suffered special nuisance consists shall recover in respect respect )done under the terms of any covenant or contract binding private upon the plaintiff which inure.; for the benefit of the ‘ll’lsa’’cc defendant ~ $8. It shall not be action brought occupation or Nothing contained having regard and nature when such covenant or civil wrong. doing some circumstances a such a such skill or such care such profession, therefor shall circumstances, not shall exist in any terms duty to are, and which is lawfully that the all persons not, and which is or upon such property by is, or upon such property save hidden peril in lawful performance be affected inirnaterial whether or upon public or vehicle, railway train, boat, ship, aircraft immovable property vehicle, railway aircraft or other duty to the vehicle] railway persons whom, and the reasonable person have contem- be affected person, whether reward or otherwise, or occupation or rendering such a person is exercising occupation or rendering action brought such damage caused by or by be upon negligence for which he is liable in connection dangerous thing or cause damage, for the negligence for in respect animal, other tlian 148. 31 - - -. - - _. have known, had be upon such animal. knowledge or occurrence which led defendant had occurrence causing consistent with defendant having exercise reasonable he is IiabIe action brought not have anticipated which could not have person suffers the fault person or persons, claim in respect person suffering the damage, damages recoverable equitable having regard subsection shall not arising under a providing for therein mentioned, the total had not Law (which between joint several wrongdoers), under section under section the perwns pleading section damages or contributions from by virtue to the could be hrought under omission which the death civil wrong person would, by such civil wrong, parent and such deceased person responsible civil wrong executor, administrator the husband, deceased person by such executor, administrator heirs within six persons for be recovered or prospective on whose apportioned, after defendant, by such persons in assessing such compensation- paid or payable the death or insurance, on his shall not action particulars shall whose behalf deceased person. brought within twelve a child step parent and causing civil shall be action brought in civil wrong plaintiff knew affairs causing property thereto action brought in civil wrong imposed upon no child property thereto. brought in civil wrong recovered compensation or relief in wrong, nor in respect such civil wrong. civil wrong, a breach contract, and such breach or obligation other tribunal person claims. civil wrong civil wrong also obligation imposed respect thereof awarded in Notwithstanding anything any enact- being, no workman section, shall be deemed compensation under or damage Workmen’s Compensation be recover- obligation resembling by contract, such breach civil wrong compensation or civil wrong person claims. Where damage wrong doers liable damage may liable in respect no person shall be contribution under in respect In any just and having regard such person’s and the shall have from liability action brought such newspaper shall make in respect such libel immovable or movable defendant it or on or under corresponding section order execution such bond no case liability under such shall serve made under writing under make Rules payable by civil wrong assurance or insurance in connection taken into shall be no 148. 37 - constitute a crime or offence under the provisions of any enactment : Provided that if such crime or felony no civil wrong justice or before which is satisfied reasonably possible action shall next after civil wrong causes fresh within two years after the thereof, or act but damage resulting failure within two years such damage, or civil wrong within two years discovery thereof plaintiff would civil wrong plaintiff is unsound mind two years run until attains the unsound mind or again within Colonial Civil