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Report No. 85

Road Traffic Act-The Civil Aspect.- The Road Traffic Act, 1952 (Germany), imposes strict liability1 on the keeper of a vehicle though, if he can show that the accident was due to an "unavoidable event that is caused neither by a defect in the condition of the vehicle, nor by a failure of its mechanism" and that he or his driver had shown the care of a skilled driver, he can avoid liability. The driver, as such, may also be found liable under a separate provision of the Act which reverses the burden of proof.

1. Section 7, West Germany Road Traffic Law.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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