I move amendment No. 9 :
In subsection (1), page 7, line 25, to delete " party " and substitute " person ".
SECTION 11
A considerable number of amendments exactly like this one are proposed to various sections of the Bill. There is also a number of amendments designed to change " parties " to " persons " and " party's " to " person's ". I presume we can deal with them all together.
That is so. I think we could accept the principle of this amendment and then all the rest of the amendments of the same nature will follow. It is purely a drafting matter. It has been thought better to substitute " person " for " party " and " persons " for " parties " throughout the Bill.
The word " persons " is used in section 11 and the word " parties " is used there as well, and I think that is obvious.
It is just to be consistent.
Amendment agreed to.
I move amendment ment No. 10 :
In subsection (2), page 7, line 30, to delete " parties " and substitute " persons ".
Amendment agreed to.
I move amendment No. 11 :
In page 7, before subsection (3), to insert the following new subsection :
" Where two or more persons are simultaneously at fault and one or more of them is responsible for damage while the other or others is or are free from causal responsibility, but it is not possible to establish which is the case, such two or more persons shall be deemed to be con-current wrongdoers in respect of the damage."
This amendment will cover a position which, fortunately, seldom arises. The classic case—Cook v. Lewis—is a Canadian case reported in 1951 in the Canadian Supreme Court Reports. Lewis, who was in a party hunting grouse, was negligently injured by one or other of two of the party who had fired knowing he was in the vicinity and without making sure he was not in their line of fire. It was not possible to decide which person shot him. The Canadian Supreme Court were of opinion that both should be liable in such circumstances. The amendment will make persons simultaneously at fault liable as concurrent wrongdoers where it is not possible to say which actually caused the damage. Otherwise, each would be exonerated from liability although each was negligent, and the plaintiff would be without a remedy.
Amendment agreed to.
I move amendment No. 12 :
In subsection (3), page 7, line 41, to delete " party " and substitute " person ".
Amendment agreed to.
Section 11, as amended, agreed to.
The Committee adjourned at 8.45 p.m. until 8 p.m. on Wednesday, 28th June, 1961.