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Report No. 85

Liability in Japan.- As to liability, Article 3 of the Damage Law1 provides as follows:

"A person who, for his own benefit, places an automobile in operational use, if he has injured the life or body of another, is bound to compensate him for the damage which has arisen therefrom. Provided, however, that this does not apply if he can prove that he and the driver did not neglect care in the operation of the automobile, that there was wilfulness or negligence on the part of the injured party or a third party other than the driver, and that there was no structural defect nor functional disorder in the automobile."

1. The Automobile Damage Compensation Security Law (Japan) (No. 97 of 1955).

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

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