§ 70. Sir W. Davisonasked the Attorney-General whether the attention of the Government has been drawn to repeated pronouncements by His Majesty's Judges, when hearing claims for damages in the case of fatal accidents, as to the impossibility of placing a money value on the happiness which a child or adult might have enjoyed if his life had not been terminated; and whether a short Bill will be introduced to remedy this defect in a law which it has been found impossible to administer?
§ The Attorney-General (Sir Donald Somervell)I am not sure whether my hon. Friend is suggesting that this head of damages should be completely abolished. This would, I think, raise controversy and would involve an alteration of the Common Law. There are difficulties in getting a matter of this kind adequately considered in war-time, but my Noble Friend will consider whether there is any alteration which might command general agreement.
§ Sir W. DavisonWill the right hon. and learned Gentleman indicate to the House how it is possible to put a money value on the amount of happiness which, say, a child of five or a man or woman of 40 would have had but for his or her premature death by reason of an accident?
§ The Attorney-GeneralI can only refer my hon. Friend to the exhaustive judgments on that subject made by the other place in their judicial capacity.