# Damages (Scotland) Act 2011, Section 5: Discharge of liability to pay damages: exception for mesothelioma


(1) This section applies where––
(a) the liability to pay damages to A (or to A's executor) is discharged, whether by antecedent agreement or otherwise, by A before A's death,
(b) the personal injury in consequence of which A died is mesothelioma, and
(c) the discharge and the death each occurred on or after 20th December 2006.
(2) Liability arises under section 4(1) but is limited to the payment of such sum of damages as is mentioned in paragraph (b) of section 4(3).

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Source: https://www.legislation.gov.uk/asp/2011/7/section/5 (the official version)
Page: https://openlegislation.uk/damages-scotland-act-2011/section-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.