A landlord who delegates the duty of care owed to tenants and visitors to a managing agent does not permanently discharge that duty; the duty revives when the landlord knows or ought to know the agent is not competently discharging the delegated duties. A tenant-occupier who forms the view that premises are structurally precarious must take the elementary precaution of preventing access, and cannot discharge the duty of care merely by complaining to the managing agent. Under s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW), a tortfeasor cannot recover contribution from a co-tortfeasor whom it is obliged to indemnify in respect of the same liability. The 2000 amendments to Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965 (NSW) permit reduction of a contractual indemnity for contributory negligence where the contractual duty of care is concurrent and co-extensive with a duty of care in tort.
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