What is the common law meaning that a claimant’s cause of action dies with him/her?
Prince Edward Island, Canada
The following excerpt is from Donovan v. QCRS, 2016 PECA 1 (CanLII):
At common law a claimant’s cause of action died with him/her. It was indeed cheaper to kill someone than to maim him, for to kill a person cost nothing. In 1808 Lord Ellenborough famously stated that “in a civil court the death of a human being could not be complained of as an injury” (Baker v. Bolton, [1808] 1 CAMP 493; 170 E.R. 1033).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can estoppel prevent a litigant from pursuing a cause of action that was or should have been subject to a previous proceeding? (Prince Edward Island, Canada)
What is the test for "common issues" in a class action? (Prince Edward Island, Canada)
In what circumstances will a plaintiff receive his full costs in a personal injury action? (Prince Edward Island, Canada)
What is the quantum of costs awarded in a personal injury action? (Prince Edward Island, Canada)
What is the test for calculating solicitor's costs in a personal injury action? (Prince Edward Island, Canada)
What is the test for common-law partner support? (Prince Edward Island, Canada)
What is the standard of correctness of a tribunal arbitrator's interpretation of common law? (Prince Edward Island, Canada)
What is the common law characteristic of an office holder at pleasure that he has no right to a hearing? (Prince Edward Island, Canada)
What is the test for res judicata in the context of a motion to have a second action brought against a municipality for damages arising from a dam being built in the area? (Prince Edward Island, Canada)
How have the courts in the US considered the meaning of the word "legacy" in the context of a statute of limitation? (Prince Edward Island, Canada)
