oa Comparative and International Law Journal of Southern Africa - Article 13 84( I) of the Mauritius Civil Code - the continuing story
|Article Title||Article 13 84( I) of the Mauritius Civil Code - the continuing story|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Victoria University of Wellington|
|Publication Date||Jul 1980|
|Pages||204 - 211|
|Keyword(s)||Accident victims, Article 13 84( I), Civil Code, Compensation, French tradition, Mauritius and Supreme courts|
It seems clear that there will be a departure from the pure Mangroo decision relating to a presumption of fault liability restricted to situations where the loss is caused by the act of the thing alone. The moves suggested in Emamally and Coonjab are certainly within the Mauritius tradition and yet would provide a better protection for victims of road accidents. The move hinted at in the Bata Shoe Company case is however a move away from the Mauritius tradition and a simple acceptance of what the French courts are doing.
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