Law Reform (Miscellaneous Provisions) Act 1938

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1938/1938-0005/LawReformMiscellaneousProvisionsAct1938_1.pdf
Published: 2012-09-01

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The Law Reform (Miscellaneous Provisions) Act 1938

c i e
AT 5 of 1938

THE LAW REFORM (MISCELLANEOUS

PROVISIONS) ACT 1938

The Law Reform (Miscellaneous Provisions) Act 1938 Index


c AT 5 of 1938 Page 3

c i e
THE LAW REFORM (MISCELLANEOUS PROVISIONS)

ACT 1938

Index Section Page

1 Short title .......................................................................................................................... 5
2 [Repealed] ........................................................................................................................ 5
3 Effect of death on certain causes of action .................................................................. 5
4 Repeal of Subsections 1 to 4 .......................................................................................... 6
5 [Repealed] ........................................................................................................................ 6
6 Commencement of Act .................................................................................................. 6
ENDNOTES 7

TABLE OF LEGISLATION HISTORY 7
TABLE OF RENUMBERED PROVISIONS 7
TABLE OF ENDNOTE REFERENCES 7

The Law Reform (Miscellaneous Provisions) Act 1938 Section 1


c AT 5 of 1938 Page 5

c i e
THE LAW REFORM (MISCELLANEOUS PROVISIONS)

ACT 1938

Received Royal Assent: 1 April 1938
Passed: 3 May 1938
Commenced: 3 May 1938
AN ACT
to amend the law as to the effect of death in relation to causes of
action and as to the awarding of interest in civil proceedings.
1 Short title

This Act may be cited as ‘The Law Reform (Miscellaneous Provisions) Act,
1938’.
2 [Repealed]
1

3 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.2

(1A) The right of a person to claim under section 1A of the Fatal Accidents Act
1981 (bereavement) shall not survive for the benefit of his estate on his
death.3

(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;4

(b) [Repealed]5

Section 4 The Law Reform (Miscellaneous Provisions) Act 1938


Page 6 AT 5 of 1938 c

(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) [Repealed]6

(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, 1852, as amended by any subsequent enactment and so that any
damages which may be recovered under this Act shall be in addition to
any damages which may be recovered for the benefit of dependants
under the said Acts 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 sub-section (1) of this
section.7

(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 unliquidated
damages arising otherwise than by a contract, promise or breach of trust.
4 [Repealed]
8
9

5 [Repealed]
10

6 Commencement of Act

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
The Law Reform (Miscellaneous Provisions) Act 1938 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 2 repealed by Fatal Accidents Act 1981 Sch 2. 2
Subs (1) amended by Statute Law Revision Act 1989 Sch 2. 3
Subs (1A) inserted by High Court Act 1991 Sch 2. 4
Para (a) substituted by High Court Act 1991 Sch 2 in relation to deaths after
commencement of that Act. Sch 2 para 2(2) states that the substitution shall have effect
where a person dies after the commencement of the High Court Act 1991. 5
Para (b) repealed by Statute Law Revision Act 1989 Sch 2. 6
Subs (3) repealed by Limitation (Amendment) Act 1988 Sch 3. 7
Subs (5) substituted by Fatal Accidents Act 1961 s 5( see Fatal Accidents Act 1981 Sch
1) and amended by Statute Law Revision Act 1997 Sch 2. 8
Subss (1) and (2) repealed by Fatal Accidents Act 1961 Sch. 9
Subss (3) and (4) repealed by Fatal Accidents Act 1981 Sch 2. 10
S 5 repealed by High Court Act 1991 Sch 5.