Report No. 85
3.8. Remedies attempted to minimise litigation.-
This position has, by many persons, been regarded as not satisfactory. Legislatures in many countries have addressed themselves to the task of finding out a suitable remedy that would minimise litigation and its attendant avails of delay and arrears in this field. It is realised that accidents by motor vehicles take place suddenly-sometimes in a split second. Very often, there are no witnesses to the occurrence. Even if there are witnesses, they are not able to recollect with accuracy the details of the accident in a manner that would enable the court to fix liability on common law principles. It therefore becomes difficult to establish the facts necessary for a determination of the question whether the person driving the vehicle was at fault.