[Rev. 2012]
Limitation of Actions
CAP. 22
(6) In the application of sections 27, 28 and 29 of this Act to an action brought
under the Fatal Accidents Act—
(a) any reference to a cause of action to which an action relates shall be
construed as a reference to a cause of action in respect of which it is
claimed that the deceased could (but for his death) have maintained
an action and recovered damages; and
(b) any reference to a cause of action shall be construed as a reference
to establishing that the deceased could (but for his death) have
maintained an action and recovered damages in respect thereof.
30. Interpretation of sections 27, 28 and 29
(1) In sections 27, 28 and 29 of this Act, any reference to the material facts
relating to a cause of action is a reference to one or more of the following—
(a) the fact that personal injuries resulting from the negligence, nuisance
or breach of duty constituting that cause of action;
(b) the nature or extent of the personal injuries resulting from that
negligence, nuisance or breach of duty;
(c) the fact that the personal injuries so resulting were attributable to that
negligence, nuisance or breach of duty, or the extent to which any of
those personal injuries were so attributable.
(2) For the purposes of sections 27, 28 and 29 of this Act any of the material
facts relating to a cause of action shall be taken, at any particular time, to have been
facts of a decisive character if they were facts which a reasonable person, knowing
those facts and having obtained appropriate advice with respect to them, would
have regarded at that time as determining, in relation to that cause of action, that
(apart from section 4(2) of this Act) an action would have a reasonable prospect
of succeeding and of resulting in the award of damages sufficient to justify the
bringing of the action.
(3) Subject to subsection (4) of this section, for the purpose of sections 27, 28
and 29 of this Act a fact shall be taken at any particular time, to have been outside
the knowledge (actual or constructive) of a person, if, but only if—
(a) he did not know that fact; and
(b) in so far as that fact was capable of being ascertained by him, he had
taken all such steps (if any) as it was reasonable for him to have taken
before that time for the purpose ascertaining it; and
(c) in so far as there existed, and were known to him, circumstances from
which, with appropriate advice, that fact might have been ascertained
or inferred, he had taken all such steps (if any) as it was reasonable
for him to have taken before that time for the purpose of obtaining
appropriate advice with respect to those circumstances.
(4) In the application of subsection (3) of this section to a person at a time when
he was under a disability and was in the custody of a parent, a reference to that
person in paragraph (a), paragraph (b) or paragraph (c) of that subsection shall be
construed as a reference to that parent.
L19 - 19
[Issue 1]
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