However, see Sir Frederick Pollock, ‘Liability to own Torts out-of Agencies and Servants’ (1885) step 1 Law Quarterly Opinion 207, 209

(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.

(93) Come across, particularly, Jones v Bartlett (2000) 205 CLR 166, 221 (Gummow and you will Hayne J); Scott v Davis (2000) 204 CLR 333, 417 (Gummow J); Brand new South Wales v Lepore (2003) 212 CLR 511, 599 (Gummow and 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 Air conditioning 57, 86-8 (Lord Meters); Albrighton v Knight in shining armor Alfred Health dos NSWLR 542, 557 (Reynolds JA), 547 (Vow JA agreeing), 565 (Hutley JA agreeing); McDermid v Nash Dredging Reclamation Co Ltd Air cooling 906, 919 (Lord Brandon); Brodribb Sawmilling Co Ply Ltd v Grey (1985) 160 CLR sixteen, thirty-two (Mason J); Commonwealth v Introvigne (1981) 150 CLR 258, 269-70 (Mason J).

(98) It will be a dramatic overstatement so you can point out that so it elevation provides took place ‘across the fresh board’. For example, one context where in fact the blame requirement was fundamentally real time and you may well (at the least at the present time) is the liability off local authorities for neglect: find Brodie v Singleton Shire Council (2001) 206 CLR 512, 527-8 (Gleeson CJ), 577-82 (Gaudron, McHugh and you may Gummow JJ), 605-7 (Kirby J), 639 (Callinan J); Burwood Council v Byrnes NSWCA 343 (Unreported, Handley, Beazley and you may Hodgson JJA, ] Aust Torts Records [paragraph] 81-688, 64 543 (Handley JA), 63 547-8 (Foster AJA); Richmond Valley Council v Reputation Aust Torts Reports [paragraph] 81-679, 69 352-3, (69) 361-2 (Heydon JA); Wilkinson v Legislation Courts Ltd NSWCA 196 (Unreported, Meagher and Heydon JJA and you may Rolfe AJA, ) -, – (Heydon JA).

(99) Among the best understood statements in this regard is the fact regarding McHugh JA for the Bankstown Foundry Ply Ltd v Braistina Aust Torts Records [paragraph] 80-713 exactly who mentioned that ‘[t]hroughout the typical legislation from negligence . the standard of proper care called for out-of an effective accused enjoys went personal with the border out-of strict liability’: from the 69 127. No matter if McHugh JA’s statement was reproved on appeal to the new Higher Legal due to the fact ‘unfortunate for the tendency to mislead’: Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301, 307 (Mason, Wilson and you can Dawson JJ), it has been endorsed somewhere else towards the numerous period: select, like, Inverell Municipal Council v Pennington Aust Torts Records [paragraph] 81-234, 62 406, in which Clarke JA asserted that McHugh JA’s opinion correctly reflected the fresh progressive rules.

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