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.
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  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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|Item Type:||Journal Article|
|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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