Re-invigorating non-delegable duties in Australia?
Article
Article Title | Re-invigorating non-delegable duties in Australia? |
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ERA Journal ID | 33984 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Tort Law Review |
Journal Citation | 25 (2), pp. 59-78 |
Number of Pages | 20 |
Year | 2017 |
Publisher | Lawbook Co. |
Place of Publication | Sydney, Australia |
ISSN | 1039-3285 |
Web Address (URL) | http://legal.thomsonreuters.com.au/tort-law-review-parts/productdetail/15084 |
Abstract | This article considers whether Australian tort law should continue to recognise the concept of non-delegable duties of care. Such a doctrine may have reached high-water mark in Australia in the late 1990s, but the High Court has not officially abandoned it. Meanwhile United Kingdom courts continue to recognise and apply the principle, and the Australian Royal Commission into Institutional Child Sexual Abuse has called for its recognition (or re-assertion) in Australia. The article argues Australian law should not recognise the concept of non-delegable duties. |
Keywords | non-delegable duty, duty of care, strict liability, dangerous, hazardous |
ANZSRC Field of Research 2020 | 480605. Tort law |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q47y1/re-invigorating-non-delegable-duties-in-australia
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