(82) As an example, legal settlement schemes which do not need claimants to determine blame on behalf of the brand new injurer was ubiquitously styled ‘no-fault’ schemes: select, particularly, ‘Symposium: Tort Rules–No-fault Insurance’ (1989) 26 North park Law Comment 977.
(83) Select Cane, ‘Fault and you can Tight Accountability having Damage into the Tort Law’, a lot more than letter 8, 187-9; Cane, Responsibility in-law and you can Morality, a lot more than n 8, 82-cuatro.
(84) In fact, there clearly was cause to think one to according to the primarily defunct popular rules types of tight liability, a number of the individuals kept purely accountable were in fact to blame, because these cases of tight liability generally operated in instances where defendants got involved with unusually unsafe facts: pick John Fleming, The law away from Torts (9th ed, 1998) 369.
Mention, but not, you to definitely McHugh J afterwards recanted his declaration adopting the Higher Court’s decision from inside the Bankstown Foundry Pry Ltd v Braistina 1986) 160 CLR 301: Liftronic Pty Ltd v Unver (2001) 179 ALR 321, 329-29
(86) Select, eg, Bugge v Brownish (1919) 26 CLR 110; Canadian Pacific Rail Co v Lockhart Air-conditioning 591 ; Phoenix People Inc v Cavenagh (1996) twenty-five MVR 143.
(90) Kondis v Condition Transportation Power (1986) 154 CLR 672, 687 (Mason J). See essentially Glanville Williams, ‘Liability to own Independent Contractors’ (1956) fourteen Cambridge Law Journal 180; J P Swanton, ‘Non-Delegable Requirements: Responsibility on the Neglect from Independent Contractors’ (Pt 1) (1991) cuatro Log from Contract Law 183; J P Swanton, ‘Non-Delegable Requirements: Responsibility for the Carelessness out of Separate Contracts’ (Pt dos) (1992) 5 Log out of Offer Legislation 26.
(93) Get a hold of, such, Jones v Bartlett (2000) 205 CLR 166, 221 (Gummow and Hayne J); Scott v Davis (2000) 204 CLR 333, 417 (Gummow J); This new Southern 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 Air-conditioning 57, 86-8 (Lord Yards); Albrighton v Royal prince Alfred Medical 2 NSWLR 542, 557 (Reynolds JA), 547 (Hope 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 Sparks escort service J); Commonwealth v Introvigne (1981) 150 CLR 258, 269-70 (Mason J).
(98) It will be a dramatic exaggeration so you can claim that so it height have occurred ‘across the new board’. By way of example, one to framework the spot where the blame requirements is basically live and you can well (at least currently) is the responsibility from regional government having neglect: pick Brodie v Singleton Shire Council (2001) 206 CLR 512, 527-8 (Gleeson CJ), 577-82 (Gaudron, McHugh and 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 Profile [paragraph] 81-688, 64 543 (Handley JA), 63 547-8 (Foster AJA); Richmond Valley Council v Position Aust Torts Account [paragraph] 81-679, 69 352-step 3, (69) 361-2 (Heydon JA); Wilkinson v Rules Courts Ltd NSWCA 196 (Unreported, Meagher and you will Heydon JJA and you will Rolfe AJA, ) -, – (Heydon JA).
(99) Among the best recognized statements in this regard would be the fact from McHugh JA during the Bankstown Foundry Ply Ltd v Braistina Aust Torts Accounts [paragraph] 80-713 which mentioned that ‘[t]hroughout the typical rules regarding neglect . the standard of worry needed off a defendant possess moved intimate with the edging out of tight liability’: on 69 127. In the event McHugh JA’s declaration are reproved toward appeal to the brand new Highest Legal just like the ‘unfortunate because of its tendency to mislead’: Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301, 307 (Mason, Wilson and you will Dawson JJ), it’s been recommended in other places with the several days: come across, like, Inverell Municipal Council v Pennington Aust Torts Accounts [paragraph] 81-234, 62 406, where Clarke JA mentioned that McHugh JA’s feedback truthfully mirrored the new progressive rules.