Roads and traffic authority of new south Wales v dederer: Negligence and the exuberance of youth

Stewart, P; Monahan, G

Roads and traffic authority of new south Wales v dederer: Negligence and the exuberance of youth

Stewart, P

Monahan, G

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Publication Type:: Journal Article
Citation:: Melbourne University Law Review, 2006, 32 (2), pp. 739 - 761
Issue Date:: 2006-01-01

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Field	Value	Language
dc.contributor.author	Stewart, P https://orcid.org/0000-0003-4350-878X	en_US
dc.contributor.author	Monahan, G	en_US
dc.date.issued	2006-01-01	en_US
dc.identifier.citation	Melbourne University Law Review, 2006, 32 (2), pp. 739 - 761	en_US
dc.identifier.issn	0025-8938	en_US
dc.identifier.uri	http://hdl.handle.net/10453/10439
dc.description.abstract	This case note examines the decision of the High Court of Australia in Roads and Traffic Authority of New South Wales v Dederer, which marks the common law's continued departure from shared liability for tragic accidents into the realm of personal liability. The decision has particular significance for children and young people who may be held accountable for their reckless actions, notwithstanding the 'exuberance of youth'. In particular, the case note analyses the High Court's emphasis on obvious risks and personal responsibility and the Court's attempt to limit liability through a consideration of the plaintiff's conduct on questions of the scope of the duty of care and at the breach of duty enquiry, rather than confining it to the issue of the plaintiff's contributory negligence.	en_US
dc.relation.ispartof	Melbourne University Law Review	en_US
dc.title	Roads and traffic authority of new south Wales v dederer: Negligence and the exuberance of youth	en_US
dc.type	Journal Article
utslib.citation.volume	2	en_US
utslib.citation.volume	32	en_US
utslib.for	1801 Law	en_US
dc.location.activity	ISI:000261442000011	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access
pubs.issue	2	en_US
pubs.publication-status	Published	en_US
pubs.volume	32	en_US

Abstract:

This case note examines the decision of the High Court of Australia in Roads and Traffic Authority of New South Wales v Dederer, which marks the common law's continued departure from shared liability for tragic accidents into the realm of personal liability. The decision has particular significance for children and young people who may be held accountable for their reckless actions, notwithstanding the 'exuberance of youth'. In particular, the case note analyses the High Court's emphasis on obvious risks and personal responsibility and the Court's attempt to limit liability through a consideration of the plaintiff's conduct on questions of the scope of the duty of care and at the breach of duty enquiry, rather than confining it to the issue of the plaintiff's contributory negligence.

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http://hdl.handle.net/10453/10439