Towards a Public Law of Tort PDF
278 Pages·2008·0.768 MB·English
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The current system of public authority liability works by applying private law torts to public authorities. Controversially, this book argues that this approach is inadequate and proposes an alternative system.The work presents a timely and innovative perspective on this important area of law. The text provides a novel approach to the theoretical basis of public authority liability. It also illustrates the practical limitations of applying private law torts to public authorities. Finally, the volume explains how a system of liability appropriate to public authorities could be created on the basis of principles already present in existing law, drawing on already accepted principles of liability derived from EC and ECHR law.Supported by Commonwealth case law, this volume provides a much needed alternative perspective on the current system and will be of interest to those working in public and tort law.
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