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Report No. 85

Austria.- Legislation in Austria1 represents a pruning down of the available defences and a consequential expansion of liability. In regard to a road traffic accident, the law of that country2 allows only the defence that the accident was due to an unavoidable event that is caused neither by a defect in the condition of the vehicle nor by failure of its mechanism.

1. Fleming, comment in (1975) AJCL 513, 518, fn. 30.

2. Austrian Railway & Motor Vehicle Liability Act, (E.K.H.G.) 1959, section 91.



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




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