What the estate can recover (Law Reform (Miscellaneous Provisions) Act 1934 s.1)

Under s.1(1) of the Law Reform (Miscellaneous Provisions) Act 1934, causes of action vested in a person survive for the benefit of his estate on his death. The estate can therefore recover the losses Callum himself had suffered up to his death: damages for pain, suffering and loss of amenity during the three weeks, the earnings he lost in that period, and the costs of his care and treatment. Section 1(2)(c) allows a sum for funeral expenses to be included where the death was caused by the wrong. However, s.1(2)(a)(ii) provides that the damages recoverable for the estate shall not include any damages for loss of income in respect of any period after the person's death. Callum's lost earnings after death up to 67 are therefore not recoverable by the estate. Any loss to his family from the loss of his financial support would instead be claimed by his dependants under the Fatal Accidents Act 1976.

Why A is wrong: Section 1(2)(c) expressly allows a sum in respect of funeral expenses where the death was caused by the act giving rise to the claim.

Why C is wrong: Callum's own claim for pain, suffering and loss of amenity before death was vested in him and survives for his estate.

Why D is wrong: Earnings lost before death were part of Callum's own subsisting claim; only income for the period after death is excluded.

Why E is wrong: Pre-death care and treatment costs were Callum's own loss and survive for the benefit of the estate.