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Code of Civil Procedure Section 377.60 the statue that gives a right for wrongful death creates an action for wrongful death only when the death is caused by the wrongful act or neglect of another person. The definition of person requires a lot of explanation too, but it can be a business or a natural person. The phrase wrongful act been defined by the courts too mean what is called tortious act, and includes actions based on either negligence or intentional wrongful conduct (Barrett v. Superior Court (1990) 222 Cal. App. 3d 1176, 1183, 1191, 272 Cal. Rptr. 304) . Essentially the same type of conduct that leads to a personal injury cause of action. Tort law has also been used in breach of contracts, but breach of contract cannot be used as the solely basis for a wrongful death action. 222 Cal.App.3d 1176 (1990)272 Cal. Rptr. 304 CONNIE BARRETT et al., Petitioners, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; PAUL HUBBS CONSTRUCTION COMP…Read more
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