Jersey
Law 3/1948
CUSTOMARY
LAW AMENDMENT (JERSEY) LAW, 1948.
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A LAW to amend the law as to the effect of death
in relation to causes of action, sanctioned by Order of His Majesty in Council
of the
2nd
day of JUNE, 1948.
____________
(Registered
on the 18th day of June, 1948).
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STATES
OF JERSEY.
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The 5th day of February, 1948.
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THE STATES, subject to the sanction of His
Most Excellent Majesty in Council, have adopted the following Law:-
ARTICLE 1.
(1) Subject to the provisions of this Article,
on the death of any person after the promulgation of this Law 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:
Provided
that this paragraph shall not apply to causes of action for defamation or
seduction or for inducing one spouse to leave or remain apart from the other or
to any claim against any person for damages on the ground of the adultery of
that person with the husband or wife of the claimant.
(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 to marry, shall be limited to such damage, if
any, to the estate of that person as flows from the breach of 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, 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.
(3) No proceedings shall be maintainable in
respect of a cause of action in tort which by virtue of this Article has
survived against the estate of a deceased person, unless either -
(a) proceedings
against him in respect of that cause of action were pending at the date of his
death; or
[(b) proceedings
are taken in respect of that cause of action not later than six months after
his personal representative took out representation.]
(4) Where damage has been suffered by reason of
any act or omission in respect of which a cause of action would have subsisted
against any person if that person had not died before or at the same time as
the damage was suffered, there shall be deemed, for the purposes of this Law,
to have been subsisting against him before his death such cause of action in
respect of that act or omission as would have subsisted if he had died after
the damage was suffered.
(5) The rights conferred by this Law for the
benefit of the estates of the deceased persons shall be in addition to and not
in derogation of any rights conferred on the dependants of deceased persons by
the “Lois (1886 à 1948) sur les Accidents Mortels”, or by the Carriage by Air Act,
1932 (22 & 23 Geo. 5, c. 36), as extended to the Island by the Carriage by
Air (Jersey) Order, 1935, and so much of this Law as
relates to causes of action against the estates of deceased persons shall apply
in relation to causes of action under the said Laws and under the said Order,
as so extended, as it applies in relation to other causes of action not
expressly excepted from the operation of paragraph (1) of this Article.
(6) In the event of the insolvency of an estate
against which proceedings are maintainable by virtue of this Article, any
liability in respect of the cause of action in respect of which the proceedings
are maintainable shall be deemed to be a debt provable in the administration of
the estate, notwithstanding that it is a demand in the nature of unliquidated
damages arising otherwise than by a contract, promise or breach of trust.
ARTICLE 2.
This
Law may be cited as the Customary Law Amendment (Jersey)
Law, 1948.