LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937

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LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937 - SECT 14



14.(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 sub-section shall not apply to causes of action for
defamation or seduction....

(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;

(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.

Subs.(3) rep. by 1954 c.26 (NI) s.9(2) sch.; 1958 c.10 (NI) s.75 sch.

(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 Part 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 Part of this Act for the benefit of the
estate 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 (Northern Ireland) Order 1977], and so much of this Part of this Act
as relates to causes of action against the estates of deceased persons shall
apply in relation to causes of action under [ that Order] as it applies in
relation to other causes of action not excepted from the operation of
sub-section (1) of this section.

(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 or promise.

(7) Section seventeen of the Motor Vehicles and Road Traffic Act (Northern
Ireland), 1934, is hereby repealed, but without prejudice to any proceedings
taken under the said section and pending at the date on which this section
comes into operation; and any provision in any enactment which is inconsistent
with this section is hereby repealed.

S.15 rep. by 1959 c.18 (NI) s.3(3) sch.; 1977 NI18 art.8(2) sch.2

S. 16 rep. by 1978 c.47 s.9(2) sch.2

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Northern Irish Legislation

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1937 - SECT 14