Tort Law: Death and Liability Issues

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Questions and Answers

What is the common law maxim regarding personal rights and their existence after death?

Actio personalis moritur cum persona, which means a personal right of action dies with the person.

In England, the rule that personal rights die with the person was abolished by the Law Reform (Miscellaneous Provisions) Act, 1934.

True

What does Section 360 of the Indian Succession Act state regarding the survival of actions?

It states that all demands and rights to prosecute or defend an action survive to and against a person's executors or administrators. This applies to all causes of action except for defamation, assault, and other personal injuries causing death.

What is the exception to the rule that 'actio personalis moritur cum persona' still applies in the Indian Succession Act?

The exception is for actions relating to defamation, assault, and for injuries where the relief cannot be enjoyed or granting it would be nugatory. These actions do not die with the person, but are terminated on their death. Signup and view all the answers

In the case of M. Veerappa v. Evelyn Sequeira, what did the Supreme Court determine regarding the scope of 'personal injuries?'

Personal injuries include physical injuries as well as other injuries like malicious prosecution. Signup and view all the answers

The rule in Baker v. Bolton states that a person can sue for injuries they sustained up until their death but not for any losses incurred after their death due to the same incident.

True Signup and view all the answers

What is the one exception to the rule in Baker v. Bolton?

One exception arises when the death is caused by a breach of contract. In this case, the death can be considered in determining the damages that are payable for the breach of contract. Signup and view all the answers

What is the purpose of the Fatal Accidents Act, 1846, later amended to become the Fatal Accidents Act, 1976?

The act provides compensation for the families of individuals who die as a result of a wrongful act, neglect, or default, allowing the dependents to recover damages for the loss resulting from the death. Signup and view all the answers

What is the time limit for the dependents of a deceased person to bring an action under the Fatal Accidents Act, 1976?

If there are no executors or administrators of the deceased or if no action is brought within six months of the death, then the dependents of the deceased are entitled to bring an action. Signup and view all the answers

Which of the following is NOT a category of dependents who can bring an action under the Fatal Accidents Act, 1976?

A non-relative who lives together but does not enjoy a marriage-like relationship. Signup and view all the answers

What is the significance of Curwen v. James in the context of assessing future losses of a dependents?

In this case, the court considered the prospects of remarriage for a widow. It initially awarded compensation, but later reduced it when the widow remarried. This highlights that the potential for remarriage is considered when assessing the widow's future loss. Signup and view all the answers

What are the two main types of damages that can be awarded under the Fatal Accidents Act, 1976?

Pecuniary losses (financial support, benefits) and non-pecuniary losses (loss of care and attention, domestic services) are the two main types of damages that can be awarded under the Act. Signup and view all the answers

The Fatal Accidents Act, 1976, allows for compensation for business losses incurred due to the death of a person.

False Signup and view all the answers

What is the main distinction between the position of dependents in England and India regarding the Fatal Accidents Act?

While both countries have similar statutes, the interpretation of 'dependents' varies. In England, the definition is stricter, but in India, due to the prevalent joint family system, brothers, sisters, uncles, and aunts are often recognized as dependents. Signup and view all the answers

What is the main argument for amending the Fatal Accidents Act, 1855, in India?

The Act should recognize more dependents, such as siblings and extended family members, to reflect the social reality of India. Signup and view all the answers

Study Notes

Death in Relation to Tort

Introduction: Sometimes a wrongful act leads to death, impacting the deceased's estate and relatives. This raises questions about whether the defendant can be held liable for losses.
Survival of Actions (Section 360 of the Indian Succession Act, 1925): Common law (actio personalis moritur cum persona) – a personal right of action dies with the person. This rule was abolished in England by the Law Reform (Miscellaneous Provisions) Act, 1934, and similarly in India by the Indian Succession Act, 1925.
- Section 360 states that all existing actions and rights survive to, or against, the executor/administrator except in cases of defamation, assault, or other personal injuries causing death, and where the relief sought is no longer possible.
Loss to Dependents: This involves defining dependents and using relevant case law to illustrate.
- The Fatal Accidents Act, 1846 (Lord Campbell's Act, England) and similar legislation was passed to address this issue. There is similar legislation in India for compensation for loss to dependents in cases where the death was caused by a wrongful act, and in such cases the damages are awarded for the losses suffered by the dependents as a result of the death of a person. The damages are calculated by considering the loss of financial support, care, and companionship to the dependent by the deceased.
- The compensation covers not just financial losses but also suffering and loss of expectation of life.
- The right of action for loss of dependency is distinct from an action for the deceased's injuries and may involve different claimants and calculations.
- There are exceptions, such as when the award of damages is dependent on the death, or if the death was partly caused by the plaintiff's own conduct (contributory negligence).
Case Law Examples: Examples of cases are included demonstrating application of these principles (e.g., Zargham Abbas v. Hari Chand, Municipal Corporation of Delhi v. Subhagwanti, Gobald Motor Service Ltd. v. Veluswami, Baker v. Bolton). These provide specific examples of how courts handled various types of loss of dependency claims in relation to wrongful death.
Damages: Damages are calculated considering the loss to the dependents, such as financial support, and non-pecuniary losses like loss of care and companionship. The calculation method varies based on the specific case circumstances.
Exceptions and Deductions: Legal concepts like breach of contract impacting losses, and deductions due to the deceased's prior conduct or other factors are included in discussion.

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Description

Explore the complex relationship between wrongful acts leading to death and the consequences for defendants under tort law. This quiz covers key provisions such as Section 360 of the Indian Succession Act and explores dependents' loss and relevant case law. Test your understanding of these legal principles and their implications.