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Tort Law: Text and Materials

Tort Law: Text and Materials (6th edn)

Mark Lunney, Donal Nolan, and Ken Oliphant
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date: 24 May 2024

p. 93517. Death and Damageslocked

p. 93517. Death and Damageslocked

  • Mark Lunney, Mark LunneyProfessor of Law, University of New England in New South Wales
  • Donal NolanDonal NolanProfessor of Private Law. Francis Reynolds and Clarendon Fellow and Tutor at Worcester College, University of Oxford
  •  and Ken OliphantKen OliphantDirector of the Institute for European Tort Law, Austrian Academy of Sciences, Vienna

Abstract

This chapter first considers the effect of the death of one of the parties on an existing cause of action in tort. It then considers the circumstances in which the wrongful death of another person gives rise to a new cause of action in those who have suffered loss as a result of the death, and the way in which damages are assessed in such cases.

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