(82) Such as, statutory payment strategies which do not want claimants to determine blame on behalf of the latest injurer is ubiquitously styled ‘no-fault’ plans: select, instance, ‘Symposium: Tort Laws–No fault Insurance’ (1989) 26 Hillcrest Laws Review 977.
(83) Pick Cane, ‘Fault and you may Rigid Responsibility getting Harm during the Tort Law’, over n 8, 187-9; Cane, Duty in-law and Morality, over n 8, 82-4.
(84) In reality, there can be reason to think you to according to the mainly defunct prominent law species of strict responsibility, a number of people kept strictly responsible were actually responsible, because these cases of tight liability basically run in cases where defendants got engaged in unusually harmful factors: pick John Fleming, The law out of Torts (9th ed, 1998) 369.
Notice, although not, you to McHugh J after recanted their declaration pursuing the Higher Court’s decision into the Bankstown Foundry Pry Ltd v Braistina 1986) 160 CLR 301: Liftronic Pty Ltd v Unver (2001) 179 ALR 321, 329-31
(86) Get a hold of, particularly, Bugge v Brownish (1919) twenty six CLR 110; Canadian Pacific Railway Co v Lockhart Air cooling 591 ; Phoenix Society Inc v Cavenagh (1996) 25 MVR 143.
(90) Kondis v County Transport Power (1986) 154 CLR 672, 687 (Mason J). Come across fundamentally Glanville Williams, ‘Liability to have Separate Contractors’ (1956) fourteen Cambridge Rules Record 180; J P Swanton, ‘Non-Delegable Responsibilities: Liability toward Carelessness regarding Separate Contractors’ (Pt step 1) (1991) cuatro Diary off Bargain Laws 183; J P Swanton, ‘Non-Delegable Requirements: Liability on the Negligence away from Separate Contracts’ (Pt 2) (1992) 5 Journal out-of Deal Legislation twenty-six.
(93) Discover, such, Jones v Bartlett (2000) 205 CLR 166, 221 (Gummow and you may Hayne J); Scott v Davis (2000) 204 CLR 333, 417 (Gummow J); Brand new Southern area 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 Yards); 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 Grey (1985) 160 CLR sixteen, thirty two (Mason J); Commonwealth v Introvigne (1981) 150 CLR 258, 269-70 (Mason J).
(98) It would be a dramatic exaggeration to declare that this height has actually happened ‘across the fresh board’. As an instance, you to definitely context where fault requisite is actually fundamentally alive and you may well (at least at the present time) is the responsibility of local bodies to possess negligence: select Brodie v Singleton Shire Council (2001) 206 CLR 512, 527-8 (Gleeson CJ), 577-82 (Gaudron, McHugh and you can Gummow JJ), 605-eight (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 Area Council v Status Aust Torts Reports [paragraph] 81-679, 69 352-step 3 San Antonio escort service, (69) 361-2 (Heydon JA); Wilkinson v Rules Process of law Ltd NSWCA 196 (Unreported, Meagher and you will Heydon JJA and Rolfe AJA, ) -, – (Heydon JA).
(99) One of the recommended understood comments in connection with this is that off McHugh JA inside the Bankstown Foundry Ply Ltd v Braistina Aust Torts Account [paragraph] 80-713 whom mentioned that ‘[t]hroughout the average law of neglect . the standard of care necessary away from an effective defendant enjoys moved romantic into the edging out-of strict liability’: from the 69 127. Even if McHugh JA’s report try reproved to the interest new Highest Judge because 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 somewhere else to your multiple era: come across, including, Inverell Municipal Council v Pennington Aust Torts Accounts [paragraph] 81-234, 62 406, where Clarke JA said that McHugh JA’s remark truthfully shown the fresh progressive law.