Re-invigorating non-delegable duties in Australia?

Gray, Anthony (2017) Re-invigorating non-delegable duties in Australia? Tort Law Review, 25 (2). pp. 59-78. ISSN 1039-3285

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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version due to publisher copyright policy.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 23 Nov 2017 23:45
Last Modified: 03 May 2018 02:19
Uncontrolled Keywords: non-delegable duty, duty of care, strict liability, dangerous, hazardous
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180126 Tort Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940401 Civil Justice
URI: http://eprints.usq.edu.au/id/eprint/33394

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