I move amendment No. 8 :—
In page 7, line 13, delete " by virtue of section 8 ".
This amendment is consequential on the new section 9. We want to apply section 10 to all causes of action irrespective of whether or not they arise under section 8. A further difficulty about the use of the words " by virtue of section 8 " is that it is not quite definite that all tort actions survive only by virtue of section 8. There are certain types of action in tort concerned with property which it has been said survive under common law. There is also a case where the action concerned is a cause of action both in tort and in contract. There was a case of a paying passenger on a railway train and, though the principle of the decision has been criticised, it would, if sound, apply equally where a paying passenger in a car was injured and the driver was killed. The executrix in the case I have mentioned brought an action for loss caused to the deceased's business in his lifetime by his inability to work and for medical attendance. This is more or less, in principle, the same point as we have just dealt with in the new section 9. The same limitation provisions will apply to all types of action.