(82) As an example, legal payment strategies which do not wanted claimants to determine fault with respect to this new injurer are ubiquitously inspired ‘no-fault’ systems: find, such as for example, ‘Symposium: Tort Law–No-fault Insurance’ (1989) 26 North park Law Feedback 977.
(83) Pick Cane, ‘Fault and you may Strict Accountability having Harm when you look at the Tort Law’, over letter 8, 187-9; Cane, Duty in-law and you will Morality, a lot more than n 8, 82-cuatro.
(84) Actually, there clearly was cause to trust you to underneath the mainly defunct preferred laws types of tight liability, a number of those individuals stored purely responsible had been indeed responsible, since these cases of strict accountability fundamentally work where defendants got engaged in abnormally unsafe items: look for John Fleming, What the law states regarding Torts (9th ed, 1998) 369.
Mention, not, you to McHugh J later recanted their statement adopting the High Court’s choice from inside the Bankstown Foundry Pry Ltd v Braistina 1986) 160 CLR 301: Liftronic Pty Ltd v Unver (2001) 179 ALR 321, 329-31
(86) Discover, such as for instance, Bugge v Brownish (1919) 26 CLR 110; Canadian Pacific Railway Co v Lockhart Ac 591 ; Phoenix Community Inc v Cavenagh (1996) 25 MVR 143. [Read more…]