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83 Cent. L.J. 23 (1916)
Liability for Injuries Caused by Skidding Automobiles

handle is hein.journals/cntrlwj83 and id is 47 raw text is: CENTRAL LAW JOURNAL any rate he knows how he stands and can ar- range his affairs accordingly. This procedure, in addition to its practical helpfulness to business men, will obviously have the effect of enabling the courts to de- velop the principles of the law as to the dis- solution or subsistence of enemy contracts now, instead of having to do so at the end of the war. It is important to see how the judges are viewing the matter, and we refer to two somewhat leading cases for that purpose. In Zinc Corporation, Lim. v. Hirsch (1916) 1 K. B. 541, an Engli.h onmpany had, some years prior to the commencement of the war, ent- ered into a contract with certain persons in Germany to sell to the latter the .whole of the English company's production of zinc concen- trates at their mine in Australia. The period covered by the contract was ten years, and the amounts of the yearly supplies were indicated. The contract provided that in the event of force majeure, or any other cause beyond the control of the parties, preventing or delaying the carrying out of the contract, the agreement should be suspended during the continuance of any such disability. The Court of Appeal did not think it necessary to state expressly whether or not this suspension clause covered the contingency of war; but held that, even assuming it did, the effect of the prohibition against the British company disposing of the materials to any other person would be to re- strain the company from using its resources for the benefit of the nation, and on that ground alone the contract became illegal as from the commencement of the war, and was therefore dissolved as from that time. Commenting on that decision a writer in The Law Times points out that the test of whether or not the con- tinuance of a contract is prejudicial to the interests of the state may, in the event of the prolongation of the war, lead to the dissolution of every contract between British subjects and alien enemies, for every such contract may be said, in a sense, 'to be prejudicial to the interests of the state. Another judgment also embodying a compre- hensive principle is that of Mr. Justice Row- latt in Distington Haematite Iron Co. (1916) W. N. 117. He held that a contract is dissolved if a postponement of performance involves the alteration of the contract itself. That ruling should appeal to the business man as being concise and practical. In other words, unless the contract can subsist in every particular notwithstanding suspension, then it is further dissolved. Here again the effects of the deci- sion are very far-reaching. It is difficult even to imagine a contract that could, in these days of social and economic change, subsist for a long period unaffected in some particular. Ob- viously, this criterion also makes for dissolu- tion of enemy contracts. DONALD MACKAY. Glasgow, Scotland. LIABILITY FOR INJURIES CAUSED BY SKIDDING AUTOMOBILES. Introductory.-There are dangers con- nected with the use of an automobile in the public highways not incident to the use of horse-drawn vehicles. By reason of its power, speed, weight and peculiar con- struction, it is capable of doing great dam- age and inflicting great injury if not care- fully and capably handled. No other ve- hicle has the dangerous combination of speed and weight that the automobile has; and it is this combination that renders it extremely dangerous to other travelers in the highways when it is negligently oper- ated, or when it gets beyond the complete control of its driver. . The automobile is more likely to skid to a dangerous extent on a smooth or slick pavement than any other vehicle. This char- acteristic is well known to all users of the machine, and must be taken into considera- tion in exercising reasonable care for the safety of others. When the condition'of streets is such that automobiles are likely to skid, thereby becoming a menace to other travelers, owners thereof must take reason- able precautions to guard against inflicting injury in this manner, by adopting appli- ances that have proved practicable as a pre- ventive of skidding. Failure to exercise reasonable care in this respect may charge an owner with negligence, although at the time of an accident he may make use of every facility at hand, and do everything in his power to avoid inflicting injury. These precautions are required to be taken only in view of the condition of the highways at the time, and conditions that ordinarily arise in the operation of auto- mobiles on highways in that condition. An VoL. 83

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