Impaired judgements? Alcohol server liability and ‘personal responsibility’ after Cole v South Tweed Heads Rugby League Football Club Ltd

Orr, Graeme and Dale, Gregory (2005) Impaired judgements? Alcohol server liability and ‘personal responsibility’ after Cole v South Tweed Heads Rugby League Football Club Ltd. Torts Law Journal, 13 2: 103-128.

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Name Description MIMEType Size Downloads
Author Orr, Graeme
Dale, Gregory
Title Impaired judgements? Alcohol server liability and ‘personal responsibility’ after Cole v South Tweed Heads Rugby League Football Club Ltd
Formatted title
Impaired judgements? Alcohol server liability and ‘personal responsibility’ after Cole v South Tweed Heads Rugby League Football Club Ltd
Journal name Torts Law Journal
ISSN 1038-5967
Publication date 2005
Volume 13
Issue 2
Start page 103
End page 128
Total pages 26
Place of publication North Ryde, N.S.W.
Publisher Butterworths
Language eng
Subject 1801 Law
C1
Formatted abstract
This article surveys the current state of the tort liability of alcohol servers in Australia in the wake of the High Court’s decision in Cole v South Tweed Heads Rugby League Football Club Ltd.
It does so by examining both judicial and legislative developments, occupiers’ liability and alcohol server liability proper, and comparing liability for commercial licensees with that of social hosts. In tandem with compensation law generally, this field has witnessed a significant ‘defendant-friendly’ shift in recent years.
The result is a divergence between the increasingly ‘professional’ obligations imposed on commercial servers by liquor licensing law and the civil law retreat from exposure to compensation. The article uses alcohol server liability as a case study to explore the role that the rhetoric of ‘personal responsibility’ has played in re-defining the law of negligence.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ

 
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