(82) Including, statutory compensation techniques that don’t want claimants to determine fault on the behalf of brand new injurer is ubiquitously styled ‘no-fault’ strategies: pick, such, ‘Symposium: Tort Law–No-fault Insurance’ (1989) 26 Hillcrest Law Review 977.
(83) Come across Cane, ‘Fault and Rigid Liability getting Damage in the Tort Law’, more than n 8, 187-9; Cane, Duty in law and you can Morality, over letter 8, 82-4.
(84) In reality, there was reason to think that within the mainly defunct prominent law types of rigorous liability, numerous men and women stored strictly accountable was basically indeed to blame, as these cases of rigid responsibility basically operate in instances where defendants got involved with abnormally unsafe things: pick John Fleming, Regulations from Torts (9th ed, 1998) 369.
Note, although not, you to definitely McHugh J later recanted his statement following the Higher Court’s decision for the Bankstown Foundry Pry Ltd v Braistina 1986) 160 CLR 301: Liftronic Pty Ltd v Unver (2001) 179 ALR 321, 329-30
(86) Get a hold of, such, Bugge v Brown (1919) twenty six CLR 110; Canadian Pacific Train Co v Lockhart Air cooling 591 ; Phoenix Neighborhood Inc v Cavenagh (1996) 25 MVR 143.
(90) Kondis v State Transportation Authority (1986) 154 CLR 672, 687 (Mason J). Pick basically Glanville Williams, ‘Liability to own Separate Contractors’ (1956) fourteen Cambridge Law Diary 180; J P Swanton, ‘Non-Delegable Responsibilities: Accountability to your Neglect off Independent Contractors’ (Pt step 1) (1991) cuatro Diary away from Bargain Legislation 183; J P Swanton, ‘Non-Delegable Commitments: Responsibility to the Neglect off Independent Contracts’ (Pt 2) (1992) 5 Log out-of Price Legislation twenty-six.
(93) See, such as for example, Jones v Bartlett (2000) 205 CLR 166, 221 (Gummow and Hayne J); Scott v Davis (2000) 204 CLR 333, 417 (Gummow J); 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 Air conditioning 57, 86-8 (Lord M); Albrighton v Royal prince Alfred Hospital dos NSWLR 542, 557 (Reynolds JA), 547 (Promise 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 could be a remarkable exaggeration to declare that this elevation possess took place ‘across the newest board’. For-instance, one to perspective the spot where the blame requirement is evidently alive and better (at the least at the present time) is the accountability regarding regional government for neglect: https://datingranking.net/escort-directory/worcester/ find Brodie v Singleton Shire Council (2001) 206 CLR 512, 527-8 (Gleeson CJ), 577-82 (Gaudron, McHugh and Gummow JJ), 605-eight (Kirby J), 639 (Callinan J); Burwood Council v Byrnes NSWCA 343 (Unreported, Handley, Beazley and you may Hodgson JJA, ] Aust Torts Account [paragraph] 81-688, 64 543 (Handley JA), 63 547-8 (Foster AJA); Richmond Area Council v Updates Aust Torts Account [paragraph] 81-679, 69 352-step three, (69) 361-2 (Heydon JA); Wilkinson v Law Courts Ltd NSWCA 196 (Unreported, Meagher and Heydon JJA and you may Rolfe AJA, ) -, – (Heydon JA).
(99) One of the better identified statements in this regard is that from McHugh JA for the Bankstown Foundry Ply Ltd v Braistina Aust Torts Records [paragraph] 80-713 which asserted that ‘[t]hroughout the common rules from negligence . the caliber of worry called for of good accused provides moved intimate towards the edging from strict liability’: at 69 127. No matter if McHugh JA’s statement try reproved for the appeal to the newest Large Court while the ‘unfortunate for the habit of mislead’: Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301, 307 (Mason, Wilson and you may Dawson JJ), it has been supported elsewhere to the multiple circumstances: pick, eg, Inverell Civil Council v Pennington Aust Torts Accounts [paragraph] 81-234, 62 406, in which Clarke JA asserted that McHugh JA’s opinion correctly shown brand new modern legislation.