STATUTE LAW (MISCELLANEOUS PROVISIONS)

CHAPTER 5:01
STATUTE LAW (MISCELLANEOUS PROVISIONS)

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

PART I
FATAL ACCIDENTS

    2.    Interpretation

    3.    Action maintainable against person causing death through wrongful act

    4.    Action to be for benefit of family of deceased

    5.    Payment into court

    6.    Funeral expenses may be awarded by way of damages in certain cases

    7.    Action by persons beneficially interested

    8.    Plaintiff to deliver full particulars of the persons for whom damages claimed

    9.    In the event of death, action maintainable against estate

PART II
SURVIVAL OF CAUSES OF ACTION

    10.    Effect of death on certain causes of action

PART III
JOINT TORTFEASORS

    11.    Proceedings against, and contribution between, joint and several tortfeasors

PART IV
CONTRIBUTORY NEGLIGENCE

    12.    Apportionment of liability in case of contributory negligence

    13.    Provisions as to workmen and employers

    14.    Application of this Part

PART V
ABOLITION OF THE DOCTRINE OF COMMON EMPLOYMENT

    15.    Common employment

PART VI
MANDAMUS, PROHIBITION, CERTIORARI AND HABEAS CORPUS

    16.    Abolition of prerogative writs and substitution of orders or directions

    17.    Rules of court

PART VII
EXECUTION OF INSTRUMENTS BY CORPORATIONS

    18.    Execution of instruments by or on behalf of corporations

PART VIII
FRUSTRATED CONTRACTS

    19.    Adjustment of rights and liabilities of parties to frustrated contracts

    20.    Provision as to application of this Part

PART IX
APPORTIONMENT

    21.    Rents and other periodical payments to accrue from day to day and be apportionable

PART X
APPLICATION TO THE GOVERNMENT

    22.    Act to bind the Government

27 of 1967
9 of 1977

    An Act to consolidate, replace and amend certain statutory provisions relating to Compensation in cases of fatal Accident, survival of causes of action, tortfeasors, contributory negligence, common employment, prerogative writs, execution of instruments by corporations, frustrated contracts, apportionment and matters connected therewith

1.    Short title

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

PART I
Fatal Accidents

2.    Interpretation

    (1) In this Part, except where the context otherwise requires—

    “child” means a son, a daughter, a grandson, a granddaughter, a stepson and a stepdaughter;

    “parent” means a father, a mother, a grandfather, a grandmother, a stepfather and a stepmother.

    (2) For the purposes of this section, a person shall be deemed to be the child or parent of the deceased person notwithstanding that he was only related to him illegitimately or in consequence of adoption; and accordingly in deducing any relationship which under this section is included within the meaning of the expression “child” and “parent”, any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate offspring of his mother and reputed father or, as the case may be, of his adopters.

    (3) In this section, “adopted person” means a person who has been adopted under any written or customary law for the time being in force in the country in which such adoption took place.

3.    Action maintaiable against person causing death through wrongful act

    Whenever the death of a person is caused by a wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable, if death had not ensued, shall be liable to an action for damages notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in law to felony.

4.    Action to be for benefit of family of deceased

    (1) Every action brought by virtue of this Part shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused, and shall, subject to section 7, be brought by and in the name of the executor or administrator of the person deceased; and in every such action, the court may award such damages as it may think proportioned to the injury resulting from such death to the persons respectively for whom and for whose benefit such action is brought; and the amount so recovered after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned persons in such shares as the court, by its judgment, shall find and direct:

    Provided that not more than one action shall lie for and in respect of the same subject-matter of complaint, and that every such action shall be commenced within three years after the death of such deceased person.

    (2) In assessing damages, under subsection (1), the court shall not take into account—

    (a)    any sum paid or payable on the…