State Liability in Tort PDF
By:Duncan Fairgrieve
Published on 2003 by Oxford University Press
This book examines the topical sphere of governmental liability in damages arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of recent House of Lords decisions. A detailed analysis is made of the torts applying to publicbodies, including negligence, misfeasance in public office, nuisance and breach of statutory duty, as well as the influence of European human rights law and community law, with discussion of the availability of damages under the Human Rights Act 1998 and the impact of the controversial decision ofthe European Court of Human Rights in Osman v UK and the subsequent retreat in Z v UK. The discussion of state liability is also placed within the context of the evolving attitude of the courts to public law remedies, with a detailed reconsideration of the relationship between ultra vires andliability in damages. From a comparative law perspective, it is argued that contrary to orthodox doctrinal opinion there are many similarities in the English and French law of administrative liability, with parallels in the treatment of different types of loss, causation, finding of fault, andunderlying policy concerns. The author discusses the direction in which English law might now move, as well as analysing less orthodox sources of compensation such as the practice of the ombudsmen and statutory funds including the new French medical negligence compensation scheme.
This Book was ranked at 6 by Google Books for keyword Torts.
Book ID of State Liability in Tort's Books is vP-3T2VJ0yQC, Book which was written byDuncan Fairgrievehave ETAG "TRV++AQoXF0"
Book which was published by Oxford University Press since 2003 have ISBNs, ISBN 13 Code is 9780199258055 and ISBN 10 Code is 0199258058
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Book which have "354 Pages" is Printed at BOOK under CategoryLanguage Arts and Disciplines
Book was written in en
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