Part Two Compensation, s.Two Damages for the Different Types of Loss, 12 Losses on death
Andrew Burrows QC FBA
- Breach of contract
This chapter considers the law on losses on death. At common law no action could be brought for loss suffered through the killing of another. However, this was altered by what is now the Fatal Accidents Act 1976 , which gives a statutory action ‘if death is caused by any wrongful act, neglect or default’. Most such statutory actions are founded on a tort by the defendant but the basis may be breach of contract. The chapter discusses action for the benefit of the dependants of the deceased, actionability by the injured person, the three heads of recoverable loss, and the relationship between actions under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976 where the wrong has caused death.