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Has the User Any Remedy Against the Motor Manufacturer or the State ?

29th April 1915, Page 2
29th April 1915
Page 2
Page 2, 29th April 1915 — Has the User Any Remedy Against the Motor Manufacturer or the State ?
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Which of the following most accurately describes the problem?

We have been asked our view as to the pasiision of the user who has suffered repeated deferments of anticipated delivery dates for motor wagons. Many users are, of course, seriously prejudiced in their business by the delays, and beyond that are actual financial losers, to date, by reason of non-delivery. They naturally wish to know, whilst yielding to nobody in their willingness to bear their proportion of war effects, if there is any remedy. We regret that we can hold 'out no immediate prospect of relief, and only a contingent prospect of remedy hereafter. The Defence of the Realm (Consolidation) Act, 1914, as amended irsthe House of Commons last month, by No. 2 Amendment Act, relieves motor manufacturers amongst others by the terms of its second clause, which reads " It is hereby declared that where the. fulfilment by any person of any contract is interfered with by the necessity of complying with any requirement, regulation or restriction of the Admiralty or the Army Council under the Defence of the Realm (Consolidation) Act, 1914, or this Act, or any e made thereunder, that necessity is a good defence to any action or proceedings taken against, that person in respect of the non-fulfilment of the contract so far as it is due to that interference."

This clause, of course, equally provides the wouldbe user with a full answer to any party who may be claiming or seeking damages against him in respect of the non-fulfilment of a haulage contractf provided the failure to fulfil such a contract is attributable to default in delivery of a vehicle or vehicles by reason of Government pre-emption.

The future has so much in store for all of us, of which we know little or nothing, that it is impossible for a definite answer to be returned to that part of the query which concerns the possibility of remedy at the hands of the State. It was distinctly stated by Mr. Asquith, in his speech at Newcastle-on-Tyne last week, that it was the intention of the Government to " take steps to ensure the provision of reasonable compensation in cases of proved injury or loss." He proceeded (we quote from " The Times "), in respect of help from the State:— " It is our intention, in eases of firms who, without default of their own, under the powers of the new law, are made to suffer, as, for instance, by the transference of their labour elsewhere, or by their inability to carry out civil contracts through the conversion of their works to the supply of the needs of the State, that such cases should receive prompt and equitable consideration, As a rule, it is hoped that such cases can be settled by agreement and at once. Where this is impossible', they will be adjudicated upon without delay by the tribunal which the Government has set up."

. We expect that the next few weeks will show that a few of the minor firms in the motor industry will find themselves on the point of qualifying for such compensation, probably by the stoppage of supplies of stampings, but we doubt if many users of com mercial motors will, as Mr. Asquith's promise at the moment stands, find themselves so qualified. We do not feel justified in holding out any general anticipation of compensation to the user who has to wait for delivery, or to the user who has lost his vehicle through impressment. Let those who think otherwise show us the man who is not making a war sacrifice at the present time? Incomes are down, and income-tax is up. Everybody cannot be compensated, and there will obviously have to be a restrietion placed upon the number of cases which can be admitted.

Tags

Organisations: House of Commons, Army Council
People: Asquith
Locations: Newcastle

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