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LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1934 | Parallelewelten

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LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1934

1. Effect of death on certain causes of action.

 

(1) Subject to the provisions of this section, on the death of any person
after the commencement of this Act all causes of action subsisting against or
vested in him shall survive against, or, as the case may be, for the benefit of,
his estate. Provided that this subsection shall not apply to causes of action
for defamation .

(1A) The right of a person to claim under section 1A of the Fatal Accidents
Act 1976 (bereavement) shall not survive for the benefit of his estate on his
death.

(2) Where a cause of action survives as aforesaid for the benefit of the
estate of a deceased person, the damages recoverable for the benefit of the
estate of that person:-

(a) shall not include-
(i) any exemplary damages;
(ii) any damages for loss of income in respect of any period after that
person’s death;]
(b) …
(c) where the death of that person has been caused by the act or omission
which gives rise to the cause of action, shall be calculated without
reference to any loss or gain to his estate consequent on his death, except
that a sum in respect of funeral expenses may be included.

(4) Where damage has been suffered by reason of any act or omission in
respect of which a cause of action would have subsisted against any person if
that person had not died before or at the same time as the damage was suffered,
there shall be deemed, for the purposes of this Act, to have been subsisting
against him before his death such cause of action in respect of that act or
omission as would have subsisted if he had died after the damage was suffered.

(5) The rights conferred by this Act for the benefit of the estates of
deceased persons shall be in addition to and not in derogation of any rights
conferred on the dependants of deceased persons by the Fatal Accidents Act 1976
… and so much of this Act as relates to causes of action against the estates
of deceased persons shall apply in relation to causes of action under the said
Act as it applies in relation to other causes of action not expressly excepted
from the operation of subsection (1) of this section.

(6) In the event of the insolvency of an estate against which proceedings are
maintainable by virtue of this section, any liability in respect of the cause of
action in respect of which the proceedings are maintainable shall be deemed to
be a debt provable in the administration of the estate, not withstanding that it
is a demand in the nature of unliquidated damages arising otherwise than by a
contract, promise or breach of trust.

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