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Report No. 111

The Fatal Accidents Act, 1855

Chapter 1

Introductory

1.1. Why the Act taken up.-

This Report is concerned with the century-old Act entitled the Fatal Accidents Act, 1855. The Act deals with the recovery of damages for the death of a person, caused by the "wrongful act, neglect or default" of another person. The subject has been taken up by the Law Commission as a part of its function of revision of laws, so as to remove injustice Certain defects in the Act have been pointed out by judicial decision.1 Deficiencies have also been discovered in the Act on a few other matters and the need for an over-all review of this Act, which was passed more than a century ago, is obvious in the light of the above defects and deficiencies.

1. Para. 1.2, infra.



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