29Effect of death on certain causes of action

29 Effect of death on certain causes of action

S. 29(1) amended by No. 10/1994
s. 13(c).

(1) Subject to the provisions of this section, on the death of any person, 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:

S. 29(1) Proviso amended by No. 7597 s. 6.

Provided that this subsection shall not apply to causes of action for defamation or seduction or for inducing one spouse to leave or remain apart from the other.

(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 of marriage shall be limited to such damage (if any) to the estate of that person as flows from the breach of the 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—

(i) 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;

S. 29(2)(c)(ii) amended by No. 15/2000 s. 4(1).

(ii) shall not, except as provided in subsection (2A), include any damages for his pain or suffering or for any bodily or mental harm suffered by him or for the curtailment of his expectation of life;

S. 29(2)(c)(iii) inserted by No. 9847
s. 2(1).

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

S. 29(2A) inserted by No. 15/2000 s. 4(2).

(2A) Where—

(a) a cause of action survives under subsection (1) for the benefit of the estate of a deceased person; and

(b) the death of that person is from a dust-related condition which has been caused by the act or omission which gives rise to the cause of action; and

(c) proceedings in respect of that cause of action were commenced by that person before his or her death and were pending at his or her death—

the damages recoverable for the benefit of the estate of that person shall include damages for all or any of the following—

(d) that person's pain or suffering;

(e) any bodily or mental harm suffered by that person;

(f) the curtailment of that person's expectation of life.

S. 29(3) substituted by No. 7296 s. 2.