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Report No. 85

II. Strict Liability

3.10. Legislative service to avoid disputes as to fault.-

Many of the solutions adopted in this context were inspired by the urge to reduce the adverse impact of delay and arrears in this field. A legislature may remove the core of conflict from an established type of dispute by the simple expedient of defining the right in such absolute terms that it can no longer be seriously challenged. For example, a law giving the passenger an absolute "no fault" right to recover economic loss makes it needless to argue whether the driver or anyone else was negligent in causing the injury. It thus eliminates one of the important causes of delay in the particular field.

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

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