QUT ePrints

High Court Refuses to Extend Non-Delegable Duties to include Road Authorities and the Public

Stickley, Amanda P. (2007) High Court Refuses to Extend Non-Delegable Duties to include Road Authorities and the Public. The Queensland Lawyer, 27(6), pp. 303-305.

Abstract

The law has long recognised that certain relationships give rise to a non-delegable duty of care. It has also been noted that the categories of non-delegable duties are not closed and that if the circumstances of the case satisfy the characteristics of a non-delegable duty, such a duty may be recognised. However, it has been acknowledged that the characteristics of a non-delegable duty are neither precise nor clear.

In Leichhardt Municipal Council v Montgomery [2007] HCA 6 (27 February 2007) the High Court held that the Council as a road authority which had engaged an independent contractor to carry out work, did not owe a non-delegable duty to the plaintiff pedestrian.

Impact and interest:

Citation countsare sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

1,859 since deposited on 10 Sep 2008
724 in the past twelve months

Full-text downloadsdisplays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 14811
Item Type: Journal Article
Additional URLs:
ISSN: 0312-1658
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2007 Thomson Legal & Regulatory
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 10 Sep 2008
Last Modified: 09 Jun 2010 23:04

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page