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Damages (Scotland) Act 2011

Section 3: Application of sections 4 to 6

28.Section 3 re-enacts part of section 1(1) of the 1976 Act. It introduces the provisions dealing with the rights of the victim’s relatives to damages. It provides that the rights of relatives contained in sections 4 to 6 apply where the victim (“A”) died from personal injuries caused by the defender (“B”), so long as B would have been liable to pay damages to A if A had sued before A’s death. In this way, the relatives’ right to sue is dependent on B’s liability to A.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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