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Report No. 111

1.6. Common Law rule indefensible.-

The common law rule mentioned above, giving a wrong-doer civil immunity if the injury caused death (before a judgment was secured), was obviously indefensible.1 If a wrongful act causes injury short of death, compensation would be recoverable. If a wrongful act causing death is made immune from liability, the result would be that the more serious harm would remain uncompensated for, while the less serious hard would be compensated.

1. Note "Inadequacy of Existing Wrongfid Death and Survival Legislation", (1930-31) 44 Harvard Law Review 980.

The Fatal Accidents Act, 1855 Back

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