Causes of Action (Survival) (CAP. 78 1

CHAPTER 78

THE CAUSES OF ACTION (SURVIVAL) ACT

Arrangement of Sections
Section

1. Short title.
2. Effect of death on certain causes of action.

CAUSES O F ACTION (SURVIVAL)

(29th October, 195 1 .)

1. This Act may be cited as the Causes of Action (Sur- Short title.
vival) Act.

2. (1) Subject to the provisions of this section, on the Effect of death
death of any person after the commencement of this Act all ~ ~ a ~ ~ ~ n
causes of action subsisting against or vested in him shall sur-
vive 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 or seduction or for inducing one
spouse to leave or remain apart from the other or to claims
under section 17 of the Matrimonial Causes Act, for damages Cap. 268.
on the ground of adultery.

(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;

LAWS OF ANTIGUA AND BARBUDA

CAP. 78) Causes of Action (Survival)

(b) in the case of a breach of promise to marry shall
be limited to such damage, if any, to the estate of that
person as flows from the breach of promise to marry;

(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.

(3) No proceedings shall be maintained 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 him in respect of that cause
of action were pending at the date of his death; or

(b) the cause of action arose not earlier than six
months before his death and proceedings are taken in
respect thereof not later than six months after his per-
sonal 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 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

Cap. 166. of deceased persons by the Fatal Akidents Act, as amended,
or the Carriage by Air Act, 1932 as extended to Antigua

22 & 33 Gee. 5. and Barbuda by the Carriage by Air (Colonies Protectorates
c. 36.

and Mandated Territories) Order, 1934 of the United
Kingdom 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 Acts as it applies
in relation to other causes of action not expressly excepted
from the operation of subsection (1).

LAWS OF ANTIGUA AND BARBUDA

Causes of Action (Survival) (CAP. 78 3

(6) In the event of the insolvency of an estate against
which proceedings are maintainable by virtue of this sec-
tion, 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
unliquidated damages arising otherwise than by a contract,
promise or breach of trust.