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Report No. 85

V. Developments as to Insurance

3.19. Liability based on fault.-

In general, the western law of liability for unlawful harm is based on the principle of fault. The conceptions of dolus1 (fraud or bad faith) and culpa2 (fault or negligence) inherited from the Roman law, run through the centuries and remain the basis of the modern law-though their practical effect is greatly broadened in recent times by the development3 of the law of negligence, both in the common law and in the civil law4.

1. Nicholas Introduction to Roman Law, (1975), p. 170.

2. Nicholas Introduction to Roman Law, (1975), pp. 170 and 221.

3. P.H. Winfield The History of Negligence in the Law of Torts, (1926) 42 LQR, pp. 184-201.

4. Jenks Common Law of Mankind, (1958), p. 160.

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

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