(82) By way of example, statutory compensation strategies that don’t require claimants to ascertain fault on the part of new injurer is actually ubiquitously styled ‘no-fault’ systems: find, eg, ‘Symposium: Tort Law–No fault Insurance’ (1989) twenty-six North park Law Review 977.

(83) See Cane, ‘Fault and you may Strict Liability getting Spoil for the Tort Law’, a lot more than n 8, 187-9; Cane, Responsibility in-law and Morality, significantly more than letter 8, 82-cuatro.

(84) Indeed, there’s reasoning to trust you to definitely in mainly defunct well-known laws types of rigid responsibility, a considerable number of the individuals held strictly responsible was in reality at fault, because these cases of rigid liability generally operate in cases where defendants had involved with unusually harmful activities: pick John Fleming, Regulations away from Torts (9th ed, 1998) 369.

Note, but not, you to McHugh J after recanted their statement adopting the High Court’s decision inside the Bankstown Foundry Pry Ltd v Braistina 1986) 160 CLR 301: Liftronic Pty Ltd v Unver (2001) 179 ALR 321, 329-29

(86) Pick, eg, Bugge v Brown (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 Transport Expert (1986) 154 CLR 672, 687 (Mason J). Find generally Glanville Williams, ‘Liability getting Separate Contractors’ (1956) fourteen Cambridge Laws Log 180; J P Swanton, ‘Non-Delegable Duties: Responsibility towards the Negligence away from Separate Contractors’ (Pt step 1) (1991) cuatro Log out-of Contract Laws 183; J P Swanton, ‘Non-Delegable Responsibilities: Responsibility towards Carelessness regarding Independent Contracts’ (Pt 2) (1992) 5 Record off Deal Laws twenty six. Read more