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Background
Under the common law of England and Wales, the death of a person causes solely emotional and pure economic loss to their relatives. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive In Law, economic loss refers to financial loss and damage suffered by a person such as can only be seen in Balance sheets rather than physical injury to the person In general, damages cannot be recovered for either type of damage, only for physical damage to the claimant or their property. This was the rule declared by the court in Baker v. Bolton (1808). [1][2][3] Scottish law was different in that the court could grant a solatium in acknowledgment of the family's grief. Scots law is a unique legal system with an ancient basis in Roman law. [4][5]
Thus, if a person was injured through a tort, the wrongdoer would be liable for causing injury. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties If the person were killed, there would be no liability. Perversely, the wrongdoer had a financial interest in killing, rather than injuring, a victim.
However, during the 1830s the rapid development of the railways led to increasing public hostility to the epidemic of railway deaths and the indifferent attitudes of the railway companies. Events and trends Electromagnetic induction discovered by Michael Faraday. This article is part of a series on the History of rail transport in Great Britain The history of rail transport in Great Britain 1830 - 1922 covers the period As a result, inquest juries started to revive the ancient remedy of deodands as a way of penalizing the railways. Inquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts In the legal Jurisdiction of England and Wales, there is a long tradition of Jury trial that has evolved over centuries A legal remedy (also judicial relief) is the means a Court of law, usually in the exercise of civil law jurisdiction enforces a Right, imposes For the fictional creature from Jack Vance's "Dying Earth" see Deodand. The railway accident at Sonning Cutting (1841) was particularly notorious. The Sonning Cutting railway accident occurred in the early hours on December 24, 1841 in the Sonning Cutting, near Reading Berkshire, [6] This alerted legislators, in particular Lord Campbell and the Select Committee on Railway Labourers (1846). John Campbell 1st Baron Campbell, PC ( 17 September 1779 &ndash 24 June 1861) was a British Liberal Politician [7] In the face of railway opposition, Campbell introduced a bill in 1845, along with a bill to abolish deodands. The latter proposal, which became law as the Deodands Act 1846, to some extent mitigated railway hostility. The Deodands Act 1846 (9 & 10 Vict c62 was an Act of Parliament of the Parliament of the United Kingdom, that abolished the ancient remedy of Deodands [6]
The Act
The Act came into effect in August 1846 and gave personal representatives the right to bring a legal action for damages where the deceased person had such a right at the time of their death. For the game see 1846 (board game. Year 1846 ( MDCCCXLVI) was a Common year starting on Thursday (link will display In Common law jurisdictions a personal representative is the generic term for an Executor for the estate of a deceased person who left a will or the administrator Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society Compensation was restricted to the husband, parent of child of the deceased[7] and was for "such damages . . . proportioned to the injury resulting from such death. "[6] The wording left the question of how damages were to be assessed. In Franklin v. South Eastern Railway (1858)[8], Baron Pollock held that the Act did not grant a Scottish-style solatium but solely damages for economic loss. Franklin v South Eastern Railway (1858 3 H&N 211 157 ER 448 is an English tort law case relating to the measure of damages that can be gained for the death of a close relative Sir Charles Edward Pollock, SL ( October 31, 1823 – November 21, 1897) was an English Judge, one of the last
Repeal
The Act was variously amended and finally repealed by Sch. A repeal is the Removal or Reversal of a Law. This is generally done when a law is no longer effective or it is shown that a law is having far more negative 2 of the Fatal Accidents Act 1976 which, as of 2007, governs fatal accident compensation and is based on similar principles. The Fatal Accidents Act 1976 (c 30 is an Act of Parliament of the Parliament of the United Kingdom, that allows relatives of people killed by the wrongdoing of others Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Limited compensation for a family's grief was finally granted by the Administration of Justice Act 1982, s. 3.
International inspirations
Similar legislation has since been brought into force throughout the English-speaking world. For example, part 3 of the Wrongs Act 1958 (Vic) is often referred to as a Lord Campbell's Act.
References
- ^ [1808] EWHC KB J92; (1808) 1 Camp 493; 170 ER 1033
- ^ See also, Clark v. London General Omnibus Co. Ltd [1906] 2 KB 648.
- ^ Holdsworth (1916).
- ^ Lunney & Oliphant (2003) p. 860.
- ^ See now Damages (Scotland) Act 1976, s. 1(4).
- ^ a b c Kostal (1994) pp. 289-290.
- ^ a b Cornish & Clarke (1989) pp. 503-504.
- ^ Franklin v. South Eastern Railway (1858) 3 H&N 211; 157 ER 448
Bibliography
- Cornish, W. Franklin v South Eastern Railway (1858 3 H&N 211 157 ER 448 is an English tort law case relating to the measure of damages that can be gained for the death of a close relative & Clarke, G. (1989). Law and Society in England 1750-1950. London: Sweet & Maxwell. ISBN 0421311509.
- Holdsworth, W. S. (1916). "The origin of the rule in Baker v. Bolton". Law Quarterly Review 32: 431.
- Kostal, R. W. (1994). Law and English Railway Capitalism, 1825–1875. ISBN 019825671X.
- Lunney, M. & Oliphant, K. (2003). Tort Law: Text and Materials, 2nd ed. , Oxford: Oxford University Press, 851-868. ISBN 0-19-926055-9.