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.
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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.
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| 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 |
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