(82) As an instance, legal compensation strategies that don’t require claimants to establish fault for the newest injurer is ubiquitously themed ‘no-fault’ schemes: get a hold of, such as for example, ‘Symposium: Tort Legislation–No-fault Insurance’ (1989) 26 North park Rules Remark 977.
(83) Get a hold of Cane, ‘Fault and you can Rigorous Liability to own Spoil in the Tort Law’, above n 8, 187-9; Cane, Responsibility in law and Morality, above letter 8, 82-4.
(84) In reality, you will find cause to think that according to the primarily defunct common legislation types of tight accountability, a number of those individuals stored purely liable was in fact at fault, as these cases of rigorous liability generally run in situations where defendants had engaged in abnormally unsafe points: find John Fleming, Legislation off Torts (9th ed, 1998) 369.
Notice, but not, one to McHugh J after recanted their declaration adopting the Highest Court’s decision in Bankstown Foundry Pry Ltd v Braistina 1986) 160 CLR 301: Liftronic Pty Ltd v Unver (2001) 179 ALR 321, 329-29
(86) Come across, including, Bugge v Brown (1919) 26 CLR 110; Canadian Pacific Railway Co v Lockhart Ac 591 ; Phoenix Neighborhood Inc v Cavenagh (1996) 25 MVR 143.
(90) Kondis v Condition Transportation Power (1986) 154 CLR 672, 687 (Mason J). Pick essentially Glanville Williams, ‘Liability getting Separate Contractors’ (1956) fourteen Cambridge Law Log 180; J P Swanton, ‘Non-Delegable Commitments: Responsibility on the Neglect out-of Independent Contractors’ (Pt step one) (1991) cuatro Log of Price Rules 183; J P Swanton, ‘Non-Delegable Duties: Accountability for the Negligence regarding Separate Contracts’ (Pt 2) (1992) 5 Record out of Deal Rules 26.
(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); The fresh 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-con 57, 86-8 (Lord M); Albrighton v Royal prince Alfred Health dos NSWLR 542, 557 (Reynolds JA), 547 (Promise JA agreeing), 565 (Hutley JA agreeing); McDermid v Nash Dredging Reclamation Co Ltd Ac 906, 919 (Lord Brandon); Brodribb Sawmilling Co Ply Ltd v Gray (1985) 160 CLR 16, 32 (Mason J); Commonwealth v Introvigne (1981) 150 CLR 258, 269-70 (Mason J).
(98) It will be a dramatic overstatement so you can claim that this elevation keeps occurred ‘across the newest board’. For instance, you to definitely context where fault needs was fundamentally alive and you will really (at least at the present time) is the liability away from local regulators to have negligence: look for Brodie v Singleton Shire Council (2001) 206 CLR 512, 527-8 (Gleeson CJ), 577-82 (Gaudron, McHugh and you can 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 Accounts [paragraph] 81-688, 64 543 (Handley JA), 63 547-8 (Promote AJA); Richmond Valley Council v Condition Aust Torts Account [paragraph] 81-679, 69 352-step three, (69) 361-dos (Heydon JA); Wilkinson v Rules Courts Ltd NSWCA 196 (Unreported, Meagher and Heydon JJA and Rolfe AJA, ) -, – (Heydon JA).
(99) Among the best known statements in connection with this would be the fact from McHugh JA in Bankstown Foundry Ply Ltd v Braistina Aust Torts Profile [paragraph] 80-713 who asserted that ‘[t]hroughout the common legislation out of negligence . the caliber of care called for off an excellent defendant keeps went romantic into the edging out-of rigorous liability’: at the 69 127. Even when McHugh JA’s report is actually reproved to the appeal to new Large Court 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 may Dawson JJ), it’s been endorsed someplace else on several times: discover, such, Inverell Civil Council v Pennington Aust Torts Records [paragraph] 81-234, 62 406, in which https://datingranking.net/escort-directory/chesapeake/ Clarke JA mentioned that McHugh JA’s review precisely reflected the fresh progressive laws.