CHAPTER 74
LAW REFORM (MISCELLANEOUS PROVISIONS) ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

PART II
EFFECT OF DEATH ON CERTAIN CAUSES OF ACTION

   2.   Survival of causes of action

   3.   Amendment of Fatal Accidents Acts, 1846 to 1908

PART III
AWARD OF INTEREST

   4.   Power of courts of record to award interest on debt and damages

PART IV
CAPACITY, PROPERTY AND LIABILITIES OF MARRIED WOMEN: AND LIABILITIES OF HUSBANDS

   5.   Capacity of married women

   6.   Property of married women

   7.   Abolition of husband’s liability for wife’s torts and ante-nuptial contracts, debts and obligations

   8.   Savings

PART V
PROCEEDINGS AGAINST AND CONTRIBUTION BETWEEN TORTFEASORS

   9.   Proceedings against and contribution between joint and several tortfeasors

PART VI
CONTRIBUTORY NEGLIGENCE

   10.   Apportionment of liability in case of contributory negligence

   11.   Interpretation

PART VII
PERSONAL INJURIES

   12.   Common employment

   13.   Assessment of damages

   14.   Definition of personal injury

   15.   Part VII to bind the State

AN ACT

to provide for the survival of actions after death; to empower courts to award interest on debts and damages; to make provision with regard to the property, capacity and liabilities of married women; to make provision with regard to proceedings against and contribution between joint and several tortfeasors; to provide for the apportionment of liability in case of contributory negligence; to abolish the defence of common employment; and to provide for matters incidental to or connected with the foregoing.

[14th April, 1967]

Act 26 of 1967.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Law Reform (Miscellaneous Provisions) Act.

PART II
EFFECT OF DEATH ON CERTAIN CAUSES OF ACTION

2.   Survival of 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 sub-section 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 for damages 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;

      (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 gave 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 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 either—

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

      (b)   proceedings are taken in respect thereof not later than six months after his personal 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.

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