Abstract

Seat belts provide a controlled experiment for observing in a comparative setting the different ways in which this new social factor is incorporated into the law. The roles played by court rulings, legislative enactments and popular reactions in this field are examined in various legal systems. One conclusion drawn is that the common law depends more and more upon legislation to achieve its aims, while continental civil law systems closely monitor court decisions which are frequently referred to in later cases. Mandatory seat belt legislation in Canada had a great impact upon the courts' decision making, although it did not entirely clarify the situation. This article is mainly concerned with the impact legislation had with respect to this problem. The four separate stages that legislation entered the picture in a decisive way are discussed. They are: (1) Contributory negligence legislation; (2) Motor vehicle safety legislation; (3) Seat belt use legislation; and (4) No fault accident compensation legislation.

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