The Fatal Accidents Act 1846 (9 & amp; 10 Vict. C.93), commonly known as Lord Campbell's Act , is the Parliamentary Law of the United Kingdom, which, for the first time in England and Wales, allowing relatives of people who were killed by others' mistakes to recover damages.
Video Fatal Accidents Act 1846
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Under the general laws of England and Wales, a person's death causes a purely emotional and purely economic loss to their family. In general, damage can not be recovered for both types of damage, only for physical damage to the plaintiff or his property. This is the rule stated by the court at Baker v. Bolton (1808). Scottish law is different in that courts can provide solatium in the recognition of family sadness.
So, if someone is hurt by a lawsuit, the offender will be responsible for causing the injury. If the person is killed, there will be no obligation. On the contrary, the offender has a financial interest in killing, not injuring, becoming a victim.
However, during the 1830s the rapid development of trains led to increased public hostility towards the epidemic of train death and the indifference of railway companies. As a result, the jury investigation began reviving the ancient remedies of deodands as a way of punishing trains. The train wreck at Sonning Cutting (1841) is very famous. It reminded legislators, especially Lord Campbell and the Select Committee on the Workers' Railway (1846). In the face of rail opposition, Campbell introduced the bill in 1845, along with a bill to eliminate deodands. The latter proposal, which became law as the Deodands Act of 1846, to some extent reduced the railroad hostility.
Maps Fatal Accidents Act 1846
Act
The law came into force in August 1846 and granted the right of private representatives to file legal action for damages in which the deceased person has such rights at the time of their death. Compensation is restricted to husbands, parents, or children of the deceased and to "such damage... in proportion to the injury resulting from such death." His words leave questions about how damage should be assessed. In Franklin v. South Eastern Railway (1858), Baron Pollock stated that the Act does not provide a Scottish-style solatium but only harms economic losses.
Retract
The law was amended and ultimately revoked by Sch.2 of the Fatal Accords of 1976 which, in 2007, regulates fatal crash compensation and is based on similar principles. Limited compensation for the sadness of the family is finally granted by the Justice Act Act 1982, s.3.
International inspiration
Similar laws have since been enacted throughout the English-speaking world. For example, section 3 of the Victorian Wrong Act 1958, Australia is often referred to as Lord Campbell's Law.
See also
- Fatal Accidents Act
References
Bibliography
- Cornish, W.; Clarke, G. (1989). Law and Society in the UK 1750-1950 . London: Sweet & amp; Maxwell. ISBN 0-421-31150-9.
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Holdsworth, W. S. (1916). "The origin of the rules in Baker v. Bolton ". Legal Quarterly Review . 32 : 431. - Kostal, R. W. (1994). British Railway Law and Capitalism, 1825-1875 . ISBN: 0-19-825671-X.
- Lunney, M.; Oliphant, K. (2003). Tort Law: Text and Materials (2nd ed.). Oxford: Oxford University Press. pp.Ã, 851-868. ISBN: 0-19-926055-9.
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