Roads and Traffic Authority of New South Wales v Dederer
- Melbourne Univ Law Review Association
- Publication Type:
- Journal Article
- Melbourne University Law Review, 2008, 32 (3), pp. 739 - 761
- Issue Date:
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 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 plaintiff's contributory negligence.
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