Roads and Traffic Authority of NSW v Dederer: Negligence and the Exuberance of Youth

Melbourne University Law Review Association
Publication Type:
Journal Article
Melbourne University Law Review, 2008, 32 (2), pp. 739 - 761
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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 laws 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 Courts emphasis on obvious risks and personal responsibility and the Courts attempt to limit liability through a consideration of the plaintiffs 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 plaintiffs contributory negligence.
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