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Report No. 111

2.6. Scottish Law as to solatium.-

In Scotland also, damages are allowed to the bereaved family for solatium, as well as for loss of support.1 Lord Watson has observed that the action for solatium and damages had been allowed to the spouse, parent or child for a century in Scotland.2 It has already been mentioned that the English Act, as amended in 1982, now allows damages for bereavement.3

1. Note in (1964-65), Vol. 17, Stanford Law Review, pp. 1054-1055.

2. Clarks v. Carfin Coal Co., 1891 AC 412 (418) (HL).

3. Para. 2.3, supra.

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