caa a22 4500 465811663 CHVBK 20180323112117.0 cr unu---uuuuu 170327e19900301xx s 000 0 eng 10.1007/BF01079730 doi (NATIONALLICENCE)springer-10.1007/BF01079730 Cumberbatch J. University of the West Indies, Jamaica aut Missing: An action — Or, since you've been gone... Awards for loss of guidance, care and companionship under S.8(e) of the Accident Compensation (Reform) Act 1980 (Barbados) [Elektronische Daten] [J. Cumberbatch] Conclusion: The purpose of this study has been to offer an analysis of the nature of an award for loss of guidance, care and companionship under section 8(e) of the Accident Compensation (Reform) Act 1980. It has been ascertained and may be suggested that: (i) The express reference to pecuniary loss in section 3, the guiding section of the Act, was unfortunate, especially since damages under the Act may include elements not happily described hitherto as pecuniary. (ii) Loss of guidance, care and companionship has now become a pecuniary loss or is deemed to be such by virtue of the combined effect of sections 3 and 8. (iii) A claim under section 8(e) may be made by any dependant (as defined in the Act) who can establish that he has suffered an actual loss of guidance, care and companionship, whether present or prospective by virtue of the injury to [or death] of the provider. (iv) It is necessary that the loss be suffered in respect of a person clothed with legal rights i.e. born alive. Though the weight of authority is to the effect that the loss may be claimed in both fatal and non-fatal injuries, the better view is that there is no warrant for such an extension of the clear words of the statute. (v) Though the different circumstances of each individual case might militate against awards being conventional yet it seems that the tasteless task of comparing family relationships and the need to limit awards away from extravagance together with the inherent arbitrariness of nay sum awarded will eventually lead to conventionality. This should be done by way of legislative enactment, perhaps by limiting the category of those who can claim for this type of loss and the amount recoverable. Debroah Charles Publications, 1990 Liverpool Law Review Kluwer Academic Publishers 12/1(1990-03-01), 89-112 0144-932X 12:1<89 1990 12 10991 https://doi.org/10.1007/BF01079730 text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1007/BF01079730 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Cumberbatch J. University of the West Indies, Jamaica aut NATIONALLICENCE 773 0- Liverpool Law Review Kluwer Academic Publishers 12/1(1990-03-01), 89-112 0144-932X 12:1<89 1990 12 10991 Metadata rights reserved Springer special CC-BY-NC licence nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-springer