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110. The action in tort is generally styled an action "for breach of statutory duty". This description (in conformity though it may be with the traditional stress on wrongs in the English law of torts), is misleading. A plaintiff who merely proves that the defendant broke a statutory duty is far from having established the tort. The emphasis should be, as a few eminent judges have pointed out, on the nature of the interest of the plaintiff.

111. The problem of tortious liability is not solved by asking whether there was a breach of a statutory duty : one must discover whether the statute created in the plaintiff an interest which was to be protected against interference of the defendant by an action in tort.

"The law and its administration in this field is out of date, lacking in certainty, unfair in its incidence and capable of drastic improvements."

A national problem.

"This is a problem which affects the whole population. There must be few indeed who never use the roads, even if only on foot, and those who do are under the constant risk of injury, if not of death. I need not give figures : you are all well aware of the appalling toll on the roads. It might be likened to a civil war, unending and growing in severity, in which the casulties in peace may exceed those in war......No doubt the original justification of the "fault" concept was to prevent injury by punishing the wrongdoer...But today, punishment of one wrongdoer by awarding damages against him is quite ineffective...Surely in these circumstances the time has come when we should recognise that the present methods, even if capable of improvement are no longer adequate and that some other method is called for. It is not a lawyer's problem : It is a social problem, and I venture to think an urgent social problem of ever-increasing extent. Is compensation of victims to continue to be administered under the present outmoded methods by which recovery depends on the proof of fault, or is it to be recoverable regardless of fault under a comprehensive insurance scheme ?...it is a growing social problem."
' There are several reasons for believing that some form of strict liability should be imposed for road and industrial accidents in particular.
The first and practical reason for this is that these two classes of accidents do in fact account for such a large proportion of the accidents that occur, and thus do in a sense single themselves out for special treatment. Compensation for accidents is a social problem, and a large part of the problem would be solved if adequate compensation was provided for the victims of these two classes of accidents alone.
(c) The purpose of tortious remedy is to compensate the victim, but the purpose of criminal proceedings is to punish the wrong doer. The modern law of torts is expounded by emphasising the interest of plaintiff rather than the worry of the defendant. The problem shall have to be subjected not to individualistic approach but to social security advocated by socialogical jurisprudence.

VII. Motor accidents problem is a social problem. It has become a national problem. It affects the whole population. The accident strikes the principal bread earner of a family and his death affects his wife, childern and the dependants. It is a human problem.