(82) As an instance, statutory settlement schemes that don’t need claimants to determine blame for the fresh new injurer is ubiquitously inspired ‘no-fault’ strategies: look for, instance, ‘Symposium: Tort Legislation–No-fault Insurance’ (1989) twenty-six North park Laws Review 977.

(83) Look for Cane, ‘Fault and you can Rigid Liability to have Harm within the Tort Law’, significantly more than letter 8, 187-9; Cane, Obligation in-law and you will Morality, significantly more than n 8, 82-cuatro.

(84) In reality, discover cause to believe you to according to the generally defunct prominent rules species of rigorous responsibility, a number of the individuals stored purely liable had been in reality responsible, since these instances of strict accountability essentially operate where defendants got involved with unusually unsafe points: come across John Fleming, The law of Torts (9th ed, 1998) 369.

Note, although not, one to McHugh J after recanted their report after the High Court’s decision in Bankstown Foundry Pry Ltd v Braistina 1986) 160 CLR 301: Liftronic Pty Ltd v Unver (2001) 179 ALR 321, 329-30

(86) Come across, for example, Bugge v Brownish (1919) twenty-six CLR 110; Canadian Pacific Train Co v Lockhart Ac 591 ; Phoenix Society Inc v Cavenagh (1996) 25 MVR 143.

(90) Kondis v Condition Transport Expert (1986) 154 CLR 672, 687 (Mason J). Discover essentially Glanville Williams, ‘Liability having Independent Contractors’ (1956) 14 Cambridge Law Journal 180; J P Swanton, ‘Non-Delegable Obligations: Accountability towards the Carelessness from Independent Contractors’ (Pt step one) (1991) cuatro Diary out of Deal Laws 183; J P Swanton, ‘Non-Delegable Duties: Liability into Carelessness out of Independent Contracts’ (Pt 2) (1992) 5 Journal off Deal Legislation twenty-six.

(93) Get a hold of, particularly, Jones v Bartlett (2000) 205 CLR 166, 221 (Gummow and you may Hayne J); Scott v Davis (2000) 204 CLR 333, 417 (Gummow J); The new Southern area Wales v Lepore (2003) 212 CLR 511, 599 (Gummow and you can 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 Ac 57, 86-8 (Lord Yards); Albrighton v Knight in shining armor Alfred Hospital dos NSWLR 542, 557 (Reynolds JA), 547 (Guarantee 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, thirty-two (Mason J); Commonwealth v Introvigne (1981) 150 CLR 258, 269-70 (Mason J).

(98) It might be a dramatic overstatement so you’re able to declare that so it level possess took place ‘across the fresh board’. Including, you to definitely framework where in fact the fault requirements are ostensibly real time and you may really (no less than currently) ‘s the liability from local authorities to possess negligence: find Brodie v Singleton Shire Council (2001) 206 CLR 512, 527-8 (Gleeson CJ), 577-82 (Gaudron, McHugh and you will Gummow JJ), 605-seven (Kirby J), 639 (Callinan J); Burwood Council v Byrnes NSWCA 343 (Unreported, Handley, Beazley and Hodgson JJA, ] Aust Torts Profile [paragraph] 81-688, 64 543 (Handley JA), 63 547-8 (Foster AJA); Richmond Valley Council v Condition Aust Torts Reports [paragraph] 81-679, 69 352-step 3, (69) 361-2 (Heydon JA); Wilkinson v Laws Process of law Ltd NSWCA 196 (Unreported, Meagher and you may Heydon JJA and you you can find out more will Rolfe AJA, ) -, – (Heydon JA).

(99) One of the best known statements in this regard is the fact regarding McHugh JA inside the Bankstown Foundry Ply Ltd v Braistina Aust Torts Profile [paragraph] 80-713 whom mentioned that ‘[t]hroughout an average laws regarding negligence . the quality of care and attention requisite away from an excellent accused have went romantic to the edging out-of rigorous liability’: during the 69 127. In the event McHugh JA’s statement was reproved on appeal to the Highest Court since the ‘unfortunate for the tendency to mislead’: Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301, 307 (Mason, Wilson and you will Dawson JJ), this has been supported someplace else towards the numerous days: see, like, Inverell Civil Council v Pennington Aust Torts Records [paragraph] 81-234, 62 406, in which Clarke JA asserted that McHugh JA’s comment accurately mirrored brand new progressive legislation.