[11H Cost of preventive measures]

[Cost of preventive measures]

[11H  Cost of preventive measures]

[(1)     Where there is a breach of a duty imposed by section 7, 7B, 8, 9 or 10, a claim may be made for compensation under this Act in respect of the reasonable cost of preventive measures reasonably taken after the breach of duty.

(2)     Subject to subsections (3) and (4), where there is a breach of a duty imposed by section 7, 7B, 8, 9 or 10, a claim may be made for compensation under this Act in respect of injury to a person or damage to property caused by—

(a)     preventive measures reasonably taken after the breach of duty by a person other than the person whose breach of duty it is, or

(b)     preventive measures taken after the breach of duty by the person whose breach of duty it is.

(3)     The compensation that may be claimed under subsection (2)(a) does not include compensation in respect of so much of any injury or damage as is caused by an act or omission done maliciously or negligently.

(4)     The compensation that may be claimed under subsection (2) does not include compensation in respect of damage to property where the

Powered by Lexis+®

Popular documents