LAWYERS’ CONFERENCE

Greymouth Evening Star, 22 April 1938, Page 7

LAWYERS’ CONFERENCE

ABSOLUTE LIABILITY. [PER PRESS ASSOCIATION.] CHRISTCHURCH, April 21. At the Law Society’s Conference, the proposal of Mr. W. J. Sim to institute the principle of absolute liability of motor injury was debated. Among those supporting the proposal was Mr. F. J. Rolleston, of Timaru, who (as Minister of Justice) introduced the Motor Vehicles (Third Party Risks) Act, 1928. He said that the objections now raised to the principle of absolute liability in relation to motor collisions were familiar to him. They were all brought forward before in strenuous opposition to compulsory third party insurance when that change in law was being discussed in 1928. The Attorney-General (Hon. 11. G. R. Mason) also supported • the remit. Ho said that adequate safeguards, in the nature of exceptions, should be included in a Bill giving effect to the principle of absolute liability. These before an amendment of the present law was finally formulated in applying, by statute, the principle of absolute liability to motor collision accidents. He said that the suggestion that such legislation would place a stigma on an innocent motorist causing injury was ill conceived. The proposed amendment of the law would have a contrary effect, since, if damages were to be awarded as of course, then there could be no stigma applying to anyone. Moreover, as motorists could recover damages against other motorists causing them injury, the pedestrian was not the sole beneficiary of the suggested legislation. The Conference passed an amended remit as follows: —“That this confeience approves the principle of absolute liability for personal injury in motor collision cases, such liability to be covered by compulsory insurance, with a provision for the compensation to be assessed in some suitable manner.”