Report No. 51

7. Category (a)(i)-Liability for tort at common law.-

Category (a)(i) above1 is the familiar one of liability for tort at common law. When it becomes difficult to prove who was responsible for the accident, or to prove his fault, hardship arises. Hardship can similarly arise when the person responsible for the accident, though known and proved to be at fault, is not financially sound. One of the solutions suggested to alleviate the hardship in such cases is to dispense with the requirement of fault, and this gives the to category (a)(ii).

1. Para. 6, supra.