Law Reform (UK)
Legal definition for Indian law research
Definition
Law Reform (UK). By the Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41), all causes of action shall with certain exceptions survive on the death (after the 24th July, 1934) of any person against or for the benefit of his estate. See actio personalis, and by s. 1(2) it is enacted:
Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person the damages recoverable for the benefit of the estate of that person:-
(a) shall not include any exemplary damages;
(b) in the case of a breach of promise to marry shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry;
(c) where the death of that person has been caused by the act of omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included.
See Rose v. Ford, (1937) 53 TLR 873.
The rights conferred by the Act are in addition to the rights conferred on the dependants of deceased persons by the (English) Fatal Accidents Acts, 1846 to1908, or by the Carriage by (English) Air Act, 1932 (22 & 23 Geo. 5, c. 36), and the liabilities are provable in the administration of an insolvent estate, notwithstanding that they are in the nature of unliquidated damages arising otherwise than by a contract, promise or breach of trust. See further, ADOPTION; LEGITIMATION; BASTARDY; FUNERAL EXPENSES; also INTEREST and LIMITATIONS.
The (English) Law Reform (Married Women and Tortfeasors) Act,1935 (25 & 26 Geo. 5, c. 30), confers rights to property belonging to a married woman and qualifies that property as if she was a feme sole (see MARRIED WOMEN'S PROPERTY). The Act also modifies the law relating to restraint upon anticipation (see that title), abolishes a husband's liability for his wife's torts and ante-nuptial obligations (see HUSBAND AND WIFE); amends the law relating to joint tortfeasors or damages recoverable in more than one action against joint or several tortfeasors in respect of damages which are the result of a tort and provides for contribution between the tortfeasors. By s. 6 of the L.R. Act, 1935:-
(1) Where damage is suffered by any persons a result of a tort (whether a crime or not)--
(a) judgment recovered against any tortfeasor liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tortfeasor in respect of the same damage;
(b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the wife, husband, parent or child, of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors or otherwise the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the Court is of opinion that there was reasonable ground for bringing the action;
(c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person shall be entitled to recover contribution under this s. from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.
(2) In any proceedings for contribution under this section the amount of the contribution recoverable from any person shall be such as may be found by the Court to be just and equitable having regard to the extent of that person's responsibility for the damage; and the Court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.
(3) For the purposes of this section--
(a) the expression 'parent' and 'child' have the same meanings as they have for the purposes of the Fatal Accidents Acts, 1846 to 1908; and
(b) the reference in this section to 'the judgment first given' shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first given which is not so reversed and, in a case where a judgment is varied on appeal, be construed as a reference to that judgment as so varied.
(4) Nothing in this section shall--
(a) apply with respect to any tort committed before the commencement of this Part of this Act; or
(b) affect any criminal proceedings against any person in respect of any wrongful act; or
(c) render enforceable any agreement for indemnity which would not have been enforceable if this section had not been passed. (L.R. Act, 1935, s. 6).
See CONTRIBUTION.
Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person the damages recoverable for the benefit of the estate of that person:-
(a) shall not include any exemplary damages;
(b) in the case of a breach of promise to marry shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry;
(c) where the death of that person has been caused by the act of omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included.
See Rose v. Ford, (1937) 53 TLR 873.
The rights conferred by the Act are in addition to the rights conferred on the dependants of deceased persons by the (English) Fatal Accidents Acts, 1846 to1908, or by the Carriage by (English) Air Act, 1932 (22 & 23 Geo. 5, c. 36), and the liabilities are provable in the administration of an insolvent estate, notwithstanding that they are in the nature of unliquidated damages arising otherwise than by a contract, promise or breach of trust. See further, ADOPTION; LEGITIMATION; BASTARDY; FUNERAL EXPENSES; also INTEREST and LIMITATIONS.
The (English) Law Reform (Married Women and Tortfeasors) Act,1935 (25 & 26 Geo. 5, c. 30), confers rights to property belonging to a married woman and qualifies that property as if she was a feme sole (see MARRIED WOMEN'S PROPERTY). The Act also modifies the law relating to restraint upon anticipation (see that title), abolishes a husband's liability for his wife's torts and ante-nuptial obligations (see HUSBAND AND WIFE); amends the law relating to joint tortfeasors or damages recoverable in more than one action against joint or several tortfeasors in respect of damages which are the result of a tort and provides for contribution between the tortfeasors. By s. 6 of the L.R. Act, 1935:-
(1) Where damage is suffered by any persons a result of a tort (whether a crime or not)--
(a) judgment recovered against any tortfeasor liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tortfeasor in respect of the same damage;
(b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the wife, husband, parent or child, of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors or otherwise the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the Court is of opinion that there was reasonable ground for bringing the action;
(c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person shall be entitled to recover contribution under this s. from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.
(2) In any proceedings for contribution under this section the amount of the contribution recoverable from any person shall be such as may be found by the Court to be just and equitable having regard to the extent of that person's responsibility for the damage; and the Court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.
(3) For the purposes of this section--
(a) the expression 'parent' and 'child' have the same meanings as they have for the purposes of the Fatal Accidents Acts, 1846 to 1908; and
(b) the reference in this section to 'the judgment first given' shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first given which is not so reversed and, in a case where a judgment is varied on appeal, be construed as a reference to that judgment as so varied.
(4) Nothing in this section shall--
(a) apply with respect to any tort committed before the commencement of this Part of this Act; or
(b) affect any criminal proceedings against any person in respect of any wrongful act; or
(c) render enforceable any agreement for indemnity which would not have been enforceable if this section had not been passed. (L.R. Act, 1935, s. 6).
See CONTRIBUTION.
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.