CHAPTER
79
SURVIVAL OF ACTION |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Effect of death on certain causes of action. |
CHAPTER 79 |
SURVIVAL OF ACTION |
An Act to
amend the law as to the effect of death in relation to causes of action. | 7 of 1992 |
[Assent 7th April,
1992]
[Commencement 10th April, 1992] |
1. This Act may be cited as the Survival of Action Act,
1992. | Short title. |
2. (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 that person shall survive against, or, as the
case may be, for the benefit of, that person's estate: | Effect of death on certain causes of action. |
Provided that this
subsection shall not apply to causes of action for defamation, seduction or
breach of promise of marriage. |
(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 any exemplary damages; |
(b) 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 the estate consequent on the death, except that a sum in respect of funeral
expenses may be included. |
(3) No proceedings
shall be maintainable in respect of a cause of action in tort which by virtue
of this section has survived against the estate of a deceased person, unless
either- |
(a) proceedings
against that person in respect of that cause of action were pending at the date
of that person's death; or |
(b) proceedings
are taken in respect thereof not later than six months after the personal
representative took out representation. |
(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 that person
before death such cause of action in respect of that act or omission as would
have subsisted if that person 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, 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). |
(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, notwithstanding that it is a
demand in the nature of the unliquidated damages arising otherwise than by a
contract, promise or breach of trust. |