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Report No. 111

3.2. Extent and Application-recommendation.-

Section 1 of the Act deals with the (territorial) extent of the Act. On this particular point, no change is needed. But if the present Act is to be replaced by a new Act, (as is going to be our recommendation), it will be proper to insert, in the new Act, a provision that its provisions will not apply retrospectively.1 It is better to avoid controversies on the subject. That particular qualification can be inserted in section 1, and also in the repeal clause.2 We recommend accordingly. Incidentally, the present title "Fatal Accidents" is not appropriate, and should be replaced by the more appropriate words "wrongful death".

1. See Appendix 1, clause 1(3).

2. Appendix 1, clause 14(2).

The Fatal Accidents Act, 1855 Back

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