[DOWNLOAD] "Leichhardt Municipal Council V. Montgomery: Non-Delegable Duties and Roads Authorities." by Melbourne University Law Review * eBook PDF Kindle ePub Free
eBook details
- Title: Leichhardt Municipal Council V. Montgomery: Non-Delegable Duties and Roads Authorities.
- Author : Melbourne University Law Review
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 294 KB
Description
[In Leichhardt Municipal Council v Montgomery, the High Court of Australia was faced with two important questions. It was required to rule on whether a roads authority, owes a non-delegable duty to a pedestrian using the road. The Court refused to recognise such a duty. It was also invited to comment upon the fundamental nature of the non-delegable duty. A majority of the Court ruled that the non-delegable duty, is not a freestanding tort, but rather a doctrine of strict liability, arising in cases of negligence. This case note critiques the model of liability adopted by the Court and argues that the non-delegable duty is best seen as an independent tort of strict liability.] I INTRODUCTION
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