Fatal Accidents Act Flashcards
If there is an instantaneous death, what Act is relevant and who can sue?
Fatal Accidents Act. Limited class of dependants can sue on their own behalf, fo rthe money they depended on. An even more limited class can sue for a fixed sum for the simple fact of the bereavement.
If there is a tort, a period of suffering, then death, what act is relevant and who can sue?
Law Reform (Miscellaneous Provisions) Act 1934. The deceased’s estate STEPS INTO their shoes - pursues thee tort claim on behalf of the deceased. Damages awarded as usual, except for “wages in heaven”. BECAUSE dependents can also take an action on their own behalf under the Fatal Accidents act for loss of the earnings they depended on. Avoids double compensation.
A case that shows that dependents can claim under the FAA for domestic services
Hay v Hughes - value of (unemployed) mother’s constant care for children recoverable. Regan v Williamson - damages awardable for loss of mother’s care not just limited to salary of a housekeeper
A case that shows business services rendered by a spouse are NOT recoverable
Burgess v Florence Nightingale Hospital - husband could recover for loss of wife’s earnings, but not his own (he could have had any dance partner - coincidence it was his wife)
Pain and suffering must be for a reasonably prolonged period of time to use the Law Reform (Misc Provisions) Act 1934, otherwise it’s just a FAA claim
Hicks v CC of South Yorks
Case and reductions for not wearing a seatbelt
Froome v Butcher: 25% if no injury would have happened, 15% if it would have lessened
OK not to wear seatbelt if seatbelt phobic
Condon v Condon
No contrib neg / seatbelt, if it wouldn’t have made any difference to injuries
Stanton v Collinson
Duty owed by novice same as for an experienced driver
Nettleship v weston
Lorry driver not negligent if he didn’t know he had diabertes
Mansfield v Weetabix
