But discover Sir Frederick Pollock, ‘Liability to own Torts out of Representatives and you can Servants’ (1885) 1 Legislation Every quarter Remark 207, 209

But discover Sir Frederick Pollock, ‘Liability to own Torts out of Representatives and you can Servants’ (1885) 1 Legislation Every quarter Remark 207, 209

(82) Such as, statutory compensation plans that do not need claimants to determine fault on the behalf of the latest injurer was ubiquitously styled ‘no-fault’ plans: come across, eg, ‘Symposium: Tort Laws–No-fault Insurance’ (1989) 26 Hillcrest Laws Feedback 977.

(83) Find Cane, ‘Fault and you will Rigorous Liability getting Damage in the Tort Law’, significantly more than n 8, 187-9; Cane, Obligation in-law and Morality, a lot more than n 8, 82-cuatro.

(84) In fact, there clearly was need to believe that beneath the generally defunct preferred rules species of rigid accountability, a considerable number of men and women kept strictly responsible was actually to blame, because these cases of tight accountability generally work in cases where defendants had engaged in unusually unsafe issues: come across John Fleming, Regulations regarding Torts (9th ed, 1998) 369.

Mention, however, you to definitely McHugh J after recanted their statement pursuing the Highest Court’s decision inside Bankstown Foundry Pry Ltd v Braistina 1986) 160 CLR 301: Liftronic Pty Ltd v Unver (2001) 179 ALR 321, 329-31

(86) Select, eg, Bugge v Brownish (1919) twenty six CLR 110; Canadian Pacific Railway Co v Lockhart Air cooling 591 ; Phoenix Community Inc v Cavenagh (1996) 25 MVR 143.

(90) Kondis v Condition Transportation Power (1986) 154 CLR 672, 687 (Mason J). Come across basically Glanville Williams, ‘Liability to possess Independent Contractors’ (1956) 14 Cambridge Rules Journal 180; J P Swanton, ‘Non-Delegable Duties: Responsibility towards the Carelessness out of Independent Contractors’ (Pt step one) (1991) 4 Diary regarding Bargain Law 183; J P Swanton, ‘Non-Delegable Duties: Responsibility towards the Negligence of Independent Contracts’ (Pt dos) (1992) 5 Record off Price Law twenty-six.

(93) Find, including, Jones v Bartlett (2000) 205 CLR 166, 221 (Gummow and you can Hayne J); Scott v Davis (2000) 204 CLR 333, 417 (Gummow J); The fresh new South Wales v Lepore (2003) 212 CLR 511, 599 (Gummow and you may Hayne JJ).

See also Sir Harry Gibbs, ‘Living with Risk in Our Society’ (Occasional Paper, Australian Academy of Technological Sciences and Engineering, 2002) < Kieran Tapsell, 'Turning the Negligence Juggernaut' (2002) 76 Australian Law Journal 581, 583

(97) Wilsons Clyde Coal Co Ltd v English Ac 57, 86-8 (Lord M); Albrighton v Knight in shining armor Alfred Healthcare dos NSWLR 542, 557 (Reynolds JA), 547 (Pledge JA agreeing), 565 (Hutley JA agreeing); McDermid v Nash Dredging Reclamation Co Ltd Air-conditioning 906, 919 (Lord Brandon); Brodribb Sawmilling Co Ply Ltd v Gray (1985) 160 CLR sixteen, thirty-two (Mason J); Commonwealth v Introvigne (1981) 150 CLR 258, 269-70 (Mason J).

(98) It will be a remarkable exaggeration to declare that so it height have occurred ‘across the brand new board’. For-instance, you to definitely context where in actuality the fault requirements is actually evidently alive and well (at least presently) is the responsibility off regional authorities to have negligence: discover Brodie v Singleton Shire Council (2001) 206 CLR 512, 527-8 (Gleeson CJ), 577-82 (Gaudron, McHugh and Gummow JJ), 605-seven (Kirby J), 639 (Callinan J); Burwood Council v Byrnes NSWCA 343 (Unreported, Handley, Beazley and you will Hodgson JJA, ] Aust Torts Records [paragraph] 81-688, 64 543 (Handley JA), 63 547-8 (Promote AJA); Richmond Area Council v Updates Aust Torts Records [paragraph] 81-679, 69 352-step three, (69) 361-2 (Heydon JA); Wilkinson v Rules Courts Ltd NSWCA 196 (Unreported, Meagher and Heydon JJA and you may Rolfe AJA, ) -, escort services in Burbank – (Heydon JA).

(99) One of the recommended recognized statements in this regard is that off McHugh JA in Bankstown Foundry Ply Ltd v Braistina Aust Torts Accounts [paragraph] 80-713 who asserted that ‘[t]hroughout the typical law from carelessness . the standard of worry expected from an excellent offender has went romantic to your border away from rigorous liability’: on 69 127. Though McHugh JA’s report are reproved for the interest the newest Large Court due to the fact ‘unfortunate for its habit of mislead’: Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301, 307 (Mason, Wilson and you will Dawson JJ), it has been recommended elsewhere on numerous era: pick, for example, Inverell Civil Council v Pennington Aust Torts Records [paragraph] 81-234, 62 406, where Clarke JA asserted that McHugh JA’s review truthfully shown brand new modern law.

November 15, 2022

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