Greenhorn v. Addie, 17 D. 860, 1855
Citation: Greenhorn v. Addie, 17 D. 860, 1855
Rule of thumb: Where someone has been killed, can family members claim for loss of society? Yes, this has traditionally been an exception to the remoteness of damages rule – this was historically known as ‘assythment’.
Judgment:
The right of relatives of a deceased person to claim damages for loss of support/ loss of society used to be available if the person was killed in a criminal act, with the perpetrator of the crime being liable for these damages. This has since been extended into the right of relatives to do this when there was civil rather than criminal liability for the loss of life, "Undoubtedly we have had for a long time in our law a recognised right on the part of the relatives of a person slain to claim assythment. That is the phrase which is used in the statutes; and in writers on criminal law, the word ‘assythment’ also occurs. That word has long existed in our law, especially in reference to crimes. It is almost always used in its proper sense in reference to crimes’, Lord President M'Neill At p.864
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.