Report No. 111
1.4. Common Law rule as to death.-
On this particular question, (whether death creates a cause of action) at common law, the death of a human being could not create a cause of action in favour of any person.1
This was the position even if the death was the result of the wrongful act of the person causing death. The law of torts closed its boundaries when death wanted to enter it.
1. Baker v. Bolton, (1808) 1 Comp 493: 170 ER 1033.