Death of C
s1(1) A claim under the FAA 1976 id dependent on the original cause of action by the deceased person against D. In order to bring a claim under the Act, C have to be able to show that, had the deceased survived, he would have been able to bring a claim against D himself. (ie D must have committed a tort against the deceased)- it is 'parasitic' upon the original claim.
s1(3) provides a definitive class of 'dependents' who can claim nder the act.
s3(3) Damages for a widow/widower do not take into account the prospects of remarriage so as to shorten dependency and reduce damages.
s4 Damages awarded under 1934 Act will not be taken into account.
s1A the only people who can claim damages for bereavement are the wife, husband or civil partner of the deceased, or the parents of a minor who was never married or a civil partner.
- s3(5) Funeral expenses paid out by dependents can claim under the this Act.
- (Funeral expenses paid out of deceased's estate can claim under the the 1934 Act.)