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State Liability In Tort


State Liability In Tort
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State Liability In Tort


State Liability In Tort
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Author : Duncan Fairgrieve
language : en
Publisher: Oxford University Press on Demand
Release Date : 2003

State Liability In Tort written by Duncan Fairgrieve and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Language Arts & Disciplines categories.


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.



State Liability In India


State Liability In India
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Author : Gyan Prakash Verma
language : en
Publisher: Deep and Deep Publications
Release Date : 1993

State Liability In India written by Gyan Prakash Verma and has been published by Deep and Deep Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Government liability categories.




State Liability


State Liability
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Author : Carol Harlow
language : en
Publisher: Clarendon Law Lectures
Release Date : 2004

State Liability written by Carol Harlow and has been published by Clarendon Law Lectures this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.


The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Within domestic legal systems, there has been a considerable extension oftortious liability which is impinging on the State and its resources. These lectures address statutory and administrative compensation, and examine the influence of group actions and of globalization. Pressure on domestic legal systems has been increased by transnational courts, notably the Court ofHuman Rights and the European Court of Justice. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.



Governmental Tort Liability


Governmental Tort Liability
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Author : Donald D. Barry
language : en
Publisher: Brill Archive
Release Date : 1970-12-31

Governmental Tort Liability written by Donald D. Barry and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970-12-31 with Law categories.


Comparison of socialist jurisprudence concerning the violation by governmental organs of legal liabilitys in the USSR, Bulgaria, Czechoslovakia, Hungary, Poland, Romania and Yugoslavia - comments on the historical background to legislation on tort, the liability of public enterprises, civil servants and public administration, includes legal aspects of ownership in collective economies and covers the relationship of tort law to social security, etc. References.



Tort Law In The United States


Tort Law In The United States
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Author : H. Beau Baez III
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-07-20

Tort Law In The United States written by H. Beau Baez III and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-20 with Law categories.


Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the the United States. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers the the United States. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.



State Liability For Breaches Of European Law


State Liability For Breaches Of European Law
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Author : Bert Van Roosebeke
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-11-10

State Liability For Breaches Of European Law written by Bert Van Roosebeke and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-10 with Law categories.


Bert Van Roosebeke analyses non-contractual state liability in the European Union. He explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of cases. He shows that compliance is the true economic aim of state liability legislation and presents a comparative analysis of the effectiveness of both private and public law enforcement mechanisms. He finally formulates improvements to the rules of state liability.



Governmental Liability


Governmental Liability
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Author : H. Street
language : en
Publisher: Cambridge University Press
Release Date : 2015-12-03

Governmental Liability written by H. Street and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-03 with Law categories.


First published in 1953, this book presents a comparative study of the civil liability of governments in America, Europe and the Commonwealth.



Governmental Liability


Governmental Liability
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Author : United Kingdom National Committee of Comparative Law
language : en
Publisher: British Institute for International & Comparative Law
Release Date : 1991

Governmental Liability written by United Kingdom National Committee of Comparative Law and has been published by British Institute for International & Comparative Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.


The aim of this book is to study how a dozen legal systems have dealt with the problem of providing a financial remedy for individuals who have suffered injury of loss as a result of government activity. The original inspiration for the book came from a collquium on the subject of governmental liability, compensation and the law of civil wrongs, held at Birmingham University in September 1985 under the auspices of the UK National Committee for Comparative Law.



Negligence


Negligence
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Author : Vicki Lawrence MacDougall
language : en
Publisher:
Release Date : 2020

Negligence written by Vicki Lawrence MacDougall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Breach of contract categories.




Tort Law Desk Reference A Fifty State Compendium 2022 Edition Il


Tort Law Desk Reference A Fifty State Compendium 2022 Edition Il
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Author : Daller, Daller
language : en
Publisher: Wolters Kluwer Law & Business
Release Date : 2021-11-23

Tort Law Desk Reference A Fifty State Compendium 2022 Edition Il written by Daller, Daller and has been published by Wolters Kluwer Law & Business this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-23 with categories.


Tort Law Desk Reference Whether you are confronted with multi-state tort litigation, have the opportunity to litigate a tort case in one of several states, or must initiate or defend a case in an unfamiliar jurisdiction, Tort Law Desk Reference quickly gives you the information you need about the tort laws of each state. With succinct summaries of laws and citations to controlling statutes and case law, this indispensable guidebook answers vital questions about each state's tort laws, such as: Is the claim or lawsuit barred in the jurisdiction where it was filed? Does a "no-fault" statute limit the right to recovery? Do joint liability provisions require a minimally liable defendant to pay the entire judgment? If there is no breach of contract or breach of warranty claim, is a fraud and misrepresentation claim viable? Under what circumstances can a trespasser recover against a property owner? And much more You'll be able to quickly determine available causes of action, realistic defenses, and permissible damages...and you'll have at your fingertips current and leading citations necessary for more detailed research of specific issues. No other resource simplifies the process for making critical tort litigation choices like Tort Law Desk Reference. It's the only single volume book that expertly digests the many significant provisions of every state's tort law in a clearly organized and uniform format. State-by-state, you get up-to-date coverage of statutes and case law covering "No-fault" limitations The standard for negligence Causation Res ipsa loquitur and ultra-hazardous activities Negligence per se Indemnity Bar of workers' compensation statute Premises liability Dram shop liability Economic loss Fraud and misrepresentation Wrongful death Attorney's fees State Laws Included: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.