1(1)The action per quod servitium amisit is abolished.

1(2)This section does not apply if the cause of action occurred before June 1, 1994.

2(2)Any matter which, before June 1, 1994, would have been determined in accordance with the law of occupier’s liability shall be determined in accordance with other rules of liability.

2(3)If a person suffers injury, loss or damage while a trespasser, and the injury, loss or damage results in whole or in part from the state of the land or premises on which it is suffered or from the use made of the land or premises, any damages recoverable against the person trespassed against may be reduced on account of the trespass.

2(4)Subsection (3) does not limit any defence that may be available on account of the trespass, nor any entitlement to an apportionment of damages that may exist under the Contributory Negligence Act or otherwise.

2(5)This section does not apply if the cause of action occurred before June 1, 1994.

3(2)This section applies whether the matters in respect of which the aggravated, exemplary or punitive damages are claimed occurred before, on or after June 1, 1994.

4(2)In proceedings under subsection (1) against a party to a contract, any defence may be raised that could have been raised in proceedings between the parties.

4(3)The parties to a contract to which subsection (1) applies may amend or terminate the contract at any time, but if by doing so, they cause loss to a person described in subsection (1) who has incurred expense or undertaken an obligation in the expectation that the contract would be performed, that person may recover the loss from any party to the contract who knew or ought to have known that the expenses would be or had been incurred or that the obligation would be or had been undertaken.

4(3.1)For the purposes of subsection (1), a person who is identified by or under a contract as being intended to receive some performance or forbearance under it includes

5(2)Without limiting subsection (1), a court may determine in the circumstances of a case before it that a penalty clause or a liquidated damages clause should be enforced in full, in part or not at all.

5(3)If a penalty clause or a liquidated damages clause is enforced only in part or not at all, damages are recoverable in respect of conduct which is in breach of contract but in relation to which the penalty clause or liquidated damages clause is not enforced.

5(4)This section applies to contracts entered into before, on or after June 1, 1994, but only in relation to breaches of contract occurring on or after June 1, 1994.

6(2)Subsection (1) applies to a contract entered into before, on or after June 1, 1994.