Law Reform (Miscellaneous Provisions) Act

Published: 1955-06-06

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[6th June, 1955.1

1. This Act may be cited as the Law Reform IMis- Shorttitle.
cellaneous Provisions) Act.

2 . 4 1 1 Subject to the provisions of this section, on the E k t o f
death on death of any person after the commencement of this Act certa,o

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) 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

(a) shall not include any exemplary damages;

(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


[The inclusion of this page is authorized by L.N. 90/19931

RIT - ? A


reference to any loss or gain to his estate con-
sequent on his 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

(U ) proceedings against him in respect of that cause
of action were pending at the date of his death;

(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 personal representative took out represent-

(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

(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
dependents of deceased persons by the Fatal Accidents
Act or the Carriage by Air Act, 1932, of the United
Kingdom, as applied to Jamaica by the Carriage by Air
(Colonies, Protectorates and Mandated Territories) Order,
1953, and the Carriage by Air (Non-international Carriage)
(Colonies, Protectorates and Trust Territories) Order, 1953,

Geo. V E

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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 aforesaid Acts 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 unliquidated damages arising otherwise than by a
contract, promise or breach of trust.


3. In any proceedings tried in any Court of Record for Power of
the recovery of any debt or damages, the Court may, if it Rscordto
thinks fit, order that there shall be included in the sum for
which judgment is given interest at such rate as it thinks debtsand

damages. fit on the whole or any part of the debt or damage for the
whole or any part of the period between the date when
the cause of action arose and the date of the judgment:

courts of

Provided that nothing in this section-
(U) shall authorize the giving of interest upon interest;

(b) shall apply in relation to any debt upon which

interest is payable as of right whether by virtue
of any agreement or otherwise; or

(c) shall affect the damages recoverable for the dis-
honour of a bill of exchange.

[The inclusion of this page is authorized by L.N. 480/1973]

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