1. Rules
a) Common law: action personalis moritur cum persona. Whether the plaintif or the defendant died, the action died with him.
b) Law Reform (Miscellaneous Provisions) Act 1934: the above rule was abolished. Actions survive both in favour of the deceased plaintiff and angainst the estate of a deceased defendant.

2. Qualifications
a) Actions for defamation do not survive.
b) Exemplary damages cannot be awarded in favour of the estate a deceased plaintiff.
c) Claims for bereavement do not survive.

3. The death of a human being was first not recognized as an injury: Baker v. Boulton 1808- 'it's cheaper to kill a man than to maim'.
a) This harsh rule was narrowed in Jackson v. Watson & Sons 1909 - actions based on both tort and contract are possible upon the death of human being.
b) The dependants of a deceased person can claim damages for loss arinsing by reason of his decease which would, had the deceased remained alive, have entitled him to bring an action in tort (Fatal Accidents Act 1976).
The loss recoverable is primarily pecuniary - the loss of a 'breadwinner'. But wife or husband, or parents of a minor who has deceased, may all claim up to L 7,500 in damages for the mere fact of bereavement (but such a claim will itself not survive). But money received as successor will be taken into account. Money spent upon funeral or mourning expenses is recoverable.