Law Reform

Inangahua Times, 2 April 1936, Page 2

Law Reform

(Per United Press Assn.)

Wellington, April 1 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.’ 1 The maxim was recently described as.” of obscure origin and uncertain meaning,” but which may be translated “ A personal remedy dies with a person.” The operation of the maxim may be seen more easily by an example 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 motorists brings to an end all claims of this sort against him I and against bis 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 a deceased wrongdoer's estate has been i large and has gona to quite remote relatives, while the injured person has been reduced to destitution by au injury.

The abolition of the rule embodied in the maxim will give a remedy io an injured person in such cases.