ARRANGEMENT OF SECTIONS
1. Short title and application.
3. Action maintainable when death caused by wrongful act.
4. Action to be for the benefit of dependants.
5. Payment into court.
6. Plaintiff to deliver particulars.
7. Exclusion of payment by insurers in assessment of damages.
8. Damages may be awarded in respect of funeral expenses.
SURVIVAL OF CAUSES OF ACTION
9. Effect of death on certain causes of action.
10. Proceedings against, and contribution between, joint and several tortfeasors.
11. Apportionment of liability in case of contributory negligence.
12. Provisions as to workers and employers.
ABOLITION OF THE DOCTRINE OF COMMON
EMPLOYMENT AND MISCELLANEOUS PROVISIONS
13. Common employment.
14. Criminal liability unaffected.
16. Disapplication of United Kingdom Acts and saving.
MANDAMUS, PROHIBITION AND CERTIORARI
17. Orders of mandamus, prohibition and certiorari substituted for writs.
18. Attorney-General to be summoned as party.
19. Rules of Court.
APPLICATION OF ACT
THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT
An Act to effect miscellaneous reforms in the law relating to civil actions and for related matters.
[13th May, 1955]
R.L. Cap. 360
Ord. No. 6 of 1955
5 of 1968
5 of 1971
10 of 1971
27 of 1991
PRELIMINARY PROVISIONS (ss 1-2)
(1) This Act may be cited as the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act.
(2) This Act shall bind the Republic, but as regards the Republic's liability in tort shall not bind the Republic further than the Republic is made liable in tort by the Government Proceedings Act *.
In this Act, unless the context otherwise requires–
"damage" includes loss of life or personal injury;
"dependant" means the wife or, where the marriage was a polygamous marriage, each of the wives, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister, and includes an infant child whom the deceased had accepted as a member of his family and every other person who is, on the death of the deceased, entitled to succeed to his property (otherwise than under a will) in accordance with the law of succession applicable to the estate of the deceased; and a person shall be deemed to be the father or mother or son or daughter of the deceased notwithstanding that he or she was related to him illegitimately or in consequence of adoption according to law;
"personal injury" includes any disease and any impairment of a person's physical or mental condition and the expression "injured" shall be construed accordingly;
"wrongful act" means any negligence, breach of statutory duty or other act or omission which gives rise to a liability in tort.
FATAL ACCIDENTS (ss 3-8)
If the death of any person is caused by the wrongful act of any person and the wrongful act is such as would, if death had not ensued, have entitled the person injured thereby to maintain an action recover damages in respect thereof the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as would amount in law to a criminal offence.
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