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3. (1 )F1 If death is caused by any wrongful act, neglect or default which is such as would (if death had 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.
(2) [F2Subject to Article 3A(2), every] such action shall be for the benefit of the dependants of the person ( “the deceased”) whose death has been so caused.
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