Section 5Q — Civil Liability Act 2002 (NSW)

(1) The extent of liability in tort of a person (the defendant) for breach of a non-delegable duty to ensure that reasonable care is taken by a person in the carrying out of any work or task delegated or otherwise entrusted to the person by the defendant is to be determined as if the liability were the vicarious liability of the defendant for the negligence of the person in connection with the performance of the work or task.
(2) This section applies to an action in tort whether or not it is an action in negligence, despite anything to the contrary in section 5A.

Related sections

• s 5N — Waiver of contractual duty of care for recreational activities
• s 5O — Standard of care for professionals
• s 5P — Division does not apply to duty to warn of risk
• s 5R — Standard of contributory negligence
• s 5S — Contributory negligence can defeat claim
• s 5T — Contributory negligence—claims under the Compensation to Relatives Act 1897

Research how courts apply s 5Q

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.