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Report No. 85

U.S.A.- In U.S.A., the subject of "no fault" liability has received the maximum attention. Literature on the subject is prolific. Although statutory developments are of a comparatively recent origin, academic studies of "no fault" began much earlier, and the debate has since then continued unabated.

In fact, as early as 1925, one Judge1 proposed certain reforms including compulsory insurance on the subject. Some other Judges in U.S.A. also have strongly favoured the introduction of "no fault" liability. For example, Judge Friendly, writing a few years ago, expressed2 himself in favour of the removal of all automobile accident cases from all judicial systems, federal and state. He suggested that this may be done even by a national "no fault" insurance law, if the states did not promptly proceed to adopt their own. Many persons were of the view that some system of "no fault" insurance must come, for the present system is extraordinarily inefficient in providing compensation for the ordinary claims resulting from automobile collisions3. These moves have borne fruit.

1. Robert S. Marx, Judge of the Superior Court in Cincinnati, Compulsory Automobile Insurance, (1925) Am. Bar Assn. Journal, p. 731, referred to in Bombaugh Uniform Motor Vehicles Accidents Reparation Act, (1973) 59 Am Bar Assn Jour 45.

2. Henry J. Friendly Federal Jurisdiction, (1973), pp. 133-138; see Clement Haynsworth in Book Review, (1973-1974) 87 Yale 14 1082, 1085, 1086.

3. Clement Haynsworth Book Review in (1973-1974) 87 Yale p 1082, 1085, 1088.

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

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