Civil Liability Act 1961

PART II

Survival of Certain Causes of Action on Death

Annotations:

Amendments:

F1

Inserted (1.01.2010) by Defamation Act 2009 (31/2009), s. 39(1), S.I. No. 517 of 2009.

Modifications (not altering text):

C3

Application of Part extended (1.01.1967) by Succession Act 1965 (27/1965), s. 48, S.I. No. 168 of 1966.

Causes of action surviving on death.

48.The personal representatives of a deceased person may sue and be sued in respect of all causes of action which, by virtue of Part II of the Civil Liability Act, 1961, survive for the benefit of, or against, the estate of the deceased, subject to the provisions of that Act and the rules of limitation under the Statute of Limitations, 1957, or otherwise.

Preliminary

Definition (Part II).

6

6.In this Part “ excepted cause of action” means—

( a) a cause of action for breach of promise to marry or for defamation or for seduction or for inducing one spouse to leave or remain apart from the other or for criminal conversation, or

( b) any claim for compensation under the Workmen’s Compensation Act, 1934.

F1 [ Act of 2009 means the Defamation Act 2009; ]

F1 [ aggravated damages has the same meaning as it has in the Act of 2009; ]

F1 [ punitive damages has the same meaning as it has in the Act of 2009. ]

Annotations:

Amendments:

F1

Inserted (1.01.2010) by Defamation Act 2009 (31/2009), s. 39(1), S.I. No. 517 of 2009.

Causes of action vested in deceased person