Civil Liability Act 1961

Survival of certain causes of action vested in deceased person.

7

7. (1) On the death of a person on or after the date of the passing of this Act all causes of action (other than excepted causes of action) vested in him shall survive for the benefit of his estate.

F2 [ (1A) On the death of a person on or after the commencement of section 39 (2) (a) of the Act of 2009, a cause of action for defamation vested in him immediately before his death shall survive for the benefit of his estate. ]

(2) Where, by virtue of subsection (1) of this section, a cause of action survives for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person shall not include exemplary damages, or damages for any pain or suffering or personal injury or for loss or diminution of expectation of life or happiness.

F2 [ (2A) Where by virtue of subsection (1A) of this section, a cause of action for defamation survives for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person shall not include general damages, punitive damages or aggravated damages. ]

(3) Where—

( a) a cause of action survives by virtue of subsection (1) of this section for the benefit of the estate of a deceased person, and

( b) the death of such person has been caused by the circumstances which gave rise to such cause of action,

the damages recoverable for the benefit of his estate 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.

(4) The rights conferred by this section for the benefit of the estate of a deceased person are in addition to the rights conferred on the dependants of deceased persons by Part III of the Act of 1936 and Part IV of this Act.

Annotations:

Amendments:

F2

Inserted (1.01.2010) by Defamation Act 2009 (31/2009), s. 39(2), S.I. No. 517 of 2009.

Modifications (not altering text):

C4

Application of section extended (10.07.1991) by Statute of Limitations (Amendment) Act 1991 (18/1991), s. 4, commenced on enactment.

Survival of causes of action to which section 3 applies

4. (1) If an injured person to whom section 3 of this Act applies dies before the expiration of the period specified in that section, any action that may be brought for the benefit of his estate in respect of a cause of action to which that section applies by virtue of section 7 of the Civil Liability Act, 1961, may be brought at any time before the expiration of [2 years ] from—

( a) the date of death, or

( b) the date of the personal representative’s knowledge,

whichever is the later.

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