High Court of Australia – The parents of a child denied liability for harm caused by their son using a shanghai.
Held: Dixon J said that: ‘It is, however, exceptional to find in the law a duty to control another’s actions to prevent harm to strangers. The general rule is that one man is under no duty of controlling another man to prevent his doing damage to a third. There are, however, special relations which are the source of a duty of this nature.’
Latham CJ, Starke, Dixon and McTiernan JJ
(1945) 70 CLR 256, [1945] HCA 27
Austlii
Australia
Cited by:
Cited – Couch v Attorney-General 13-Jun-2008
Nzlii Supreme Court of New Zealand – [1] The victim of a criminal assault claims exemplary damages from the Attorney-General for claimed failures of the Probation Service to exercise reasonable care in the . .
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.556830 br>