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Long Title

THE SCHEDULE Legal Proceedings and Actions to which Section 36 Applies

Legislative History

Comparative Table

 
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On 03/09/2014, you requested the version in force on 03/09/2014 incorporating all amendments published on or before 03/09/2014. The closest version currently available is that of 07/03/2014.
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Right of action for wrongful act causing death
20.
—(1)  If death is caused by any wrongful act, neglect or default which is such as would (if death has not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured.
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(2)  Subject to section 21(2), every such action shall be for the benefit of the dependants of the person (referred to in this section and in sections 21 and 22 as the deceased) whose death has been so caused.
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(3)  Every action brought under this section shall be brought by and in the name of the executor or administrator of the deceased.
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(4)  If —
(a)
there is no executor or administrator of the deceased; or
(b)
no action is brought within 6 months after the death by and in the name of an executor or administrator of the deceased,
the action may be brought by and in the name of all or any of the persons for whose benefit an executor or administrator could have brought it.
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(5)  Not more than one action shall lie for or in respect of the same subject-matter of complaint and every such action shall be brought within 3 years after the death of such deceased person.
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(6)  The plaintiff in every such action brought under this section shall be required to deliver to the defendant or his solicitor full particulars of the persons for whom and on whose behalf the action is brought and of the nature of the claim in respect of which damages are sought to be recovered.
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(7)  In any action brought under this section, the executor of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum when recovered shall be deemed part of the assets of the estate of the deceased.
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(8)  In this section, “dependant” means —
(a)
the wife or husband or former wife of the deceased;
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(b)
any parent, grandparent or great-grandparent of the deceased;
(c)
any child, grandchild or great-grandchild of the deceased;
(d)
any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;
(e)
any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.
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(9)  In deducing any relationship for the purposes of subsection (8) —
(a)
an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and
(b)
subject to paragraph (a), any relationship by affinity shall be treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the stepchild of any person as his child and an illegitimate person shall be treated as the legitimate child of his mother and reputed father.
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(10)  In subsection (9)(a), “adopted” means adopted in pursuance of an adoption order made under the Adoption of Children Act (Cap. 4) or of any adoption recognised as valid by the law of Singapore.
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(11)  Any reference in this section to injury includes any disease and any impairment of a person’s physical or mental condition.
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