27Rights of action by and against personal representatives

27 Rights of action by and against personal representatives

[Section 27 Substituted by 7 Geo. VI No. 33, s. 2 ]

(1)  [Section 27 Subsection (1) amended by No. 43 of 2006, s. 4, Applied:18 Dec 2006] *[Section 27 Subsection (1) amended by S.R. 1977, No. 100 ]*Subject to the provisions of this section on the death of any person after the commencement of this section all causes of action–

(a) subsisting against him shall survive against his estate; and

(b) [Section 27 Subsection (1) amended by No. 43 of 2006, s. 4, Applied:18 Dec 2006] vested in him shall survive for the benefit of his estate.

(2)  [Section 27 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 27 Subsection (2) omitted by No. 43 of 2006, s. 4, Applied:18 Dec 2006] .  .  .  .  .  .  .  .  

(3)  *[Section 27 Subsection (3) substituted by No. 26 of 1983, s. 4 ]*Where a cause of action survives under this section for the benefit of the estate of a deceased person, the damages recoverable for the benefit of that estate –

(a) shall not include exemplary damages;

(b) in the case of a breach of promise to marry, shall be limited to such damage (if any) to that estate as flows from the breach of promise to marry; and

(c) where the death of that person has been caused by the act or omission which gives rise to the cause of action –

(i) shall be calculated without reference to any loss or gain to that estate consequent on his death, except that a sum in respect of funeral expenses may be included;

(ii) shall not include damages for pain or suffering, for any bodily or mental harm suffered by him or for the curtailment of his expectation of life; and

(iii) shall be calculated without reference to the future probable earnings of the deceased if he had survived the consequences of the act or omission and without any allowance being made for the loss of his earning capacity that relates to a period after his death.