ACCIDENT CLAIMS

Evening Post, Volume CXXI, Issue 78, 1 April 1936, Page 12

ACCIDENT CLAIMS

AMENDING MEASURE

PROVIDING FOR REDRESS

Among the law reforms which the Attorney-General (the Hon. H. G. R. Mason) has in hand is one for the abolition of the rule, known to lawyers by the Latin maxim "actio personalis moritur cum persona," a maxim recently described as "of obscure origin and uncertain meaning," but which may be translated "a personal remedy dies with the person."

"The operation of the maxim may easiest be seen by an example," said the Minister. "If there is a motor accident due to the negligence of a motorist and the negligent motorist is himself killed or dies later, anyone else who is injured in that accident will have no remedy 'because the death of the negligent motorist brings to an end all claims of this sort against him and against his estate also. The maxim is, of course, much older than are motor accidents and 'third-party risk' claims, but it is largely the number of motor accidents which has called attention to its unsuitability to modern times.

"Cases have. occurred in which the deceased wrongdoer's estate has been large and has gone to quite remote relatives while the injured person has been reduced to destitution by the injury. The abolition of the rule embodied in the maxim will give a remedy to the injured person in such cases.".