Tort Liability Of Public Authorities In Comparative Perspective
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Tort Liability Of Public Authorities In Comparative Perspective
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Author : Duncan Fairgrieve
language : en
Publisher: British Institute for International & Comparative Law
Release Date : 2002
Tort Liability Of Public Authorities In Comparative Perspective written by Duncan Fairgrieve 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 2002 with Law categories.
This book examines the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.
The Liability Of Public Authorities In Comparative Perspective
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Author : Ken Oliphant
language : en
Publisher:
Release Date : 2016
The Liability Of Public Authorities In Comparative Perspective written by Ken Oliphant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Administrative responsibility categories.
This study explores the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions).
The Liability Of Public Authorities In Comparative Perspective
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Author : Intersentia
language : en
Publisher: Principles of European Tort Law
Release Date : 2016-09-30
The Liability Of Public Authorities In Comparative Perspective written by Intersentia and has been published by Principles of European Tort Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-30 with categories.
The Inter-American and European Human Rights Journal offers an international platform for research in the field of human rights of relevance for (Latin) America and Europe.
The Liability Of Public Authorities In Comparative Perspective
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Author : Ken Oliphant
language : en
Publisher:
Release Date : 2014
The Liability Of Public Authorities In Comparative Perspective written by Ken Oliphant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Administrative responsibility categories.
In recent decades, the liability of public authorities has been one of the main areas of development in and at the edges of tort law in Europe, with major reforms implemented or considered at a national level, and a steady stream of major court decisions. During the same period, 'Member State liability' has also been recognised in the law of the EU, and the interplay of principles of national and EU law - and additionally the 'just satisfaction' jurisprudence of the European Court of Human Rights - evidently warrants close attention.In this context, the aims of the present study are to contribute to the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions), to facilitate its enhancement where necessary or desirable, and to consider the possibilities for harmonisation in the area - specifically, through the extension and adaptation of the Principles of European Tort Law to cover public authority liability
Tort Liability Of Public Authorities In European Laws
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Author : Giacinto della Cananea
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-01-15
Tort Liability Of Public Authorities In European Laws written by Giacinto della Cananea and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-15 with Law categories.
Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume considers tort liabilities in European public authorities. It looks at several European countries, using case studies to compare administrative laws across the EU.
Tort Liability Of Public Authorities In European Laws
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Author : Giacinto della Cananea
language : en
Publisher: Oxford University Press
Release Date : 2020-12-15
Tort Liability Of Public Authorities In European Laws written by Giacinto della Cananea and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with Law categories.
This series argues that there is a common administrative core to European legal systems that can be better understood in comparative terms. This volume examines government liability in tort, using case studies to explore different government responses. Part I sets the stage for the project and the parameters followed by the scholars involved. Part II expands on the legal systems chosen for comparison, setting up their general tort procedures. Part III presents case studies from Austria, the European Union, France, Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and the United Kingdom. Each case study has a theoretical response detailing what would happen should that case occur within each country's borders. Part IV compares and contrasts the information provided in Part III. It examines both the commonalities and the distinctive traits of these legal systems, with a view to understand the nature of their 'common core'. This volume is an essential tool for anyone involved in administrative and constitutional law and government liability in tort.
Child Abuse Tort Claims Against Public Bodies
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Author : Duncan Fairgrieve
language : en
Publisher: Routledge
Release Date : 2017-11-30
Child Abuse Tort Claims Against Public Bodies written by Duncan Fairgrieve and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
Increasing international cooperation in tackling the worldwide problem of child abuse and neglect has helped to raise the profile of this important issue. Scholarly literature on the problem is growing, yet there is still a pressing need for a legal comparative commentary on the issue of child abuse claims in tort. Addressing this omission, this valuable work investigates how the factual circumstances as laid out in the landmark English cases of X v. Bedfordshire County Council and Barrett v. Enfield London Borough Council have been dealt with by the European Court of Human Rights and in a number of key jurisdictions including the US, Canada, Australia, South Africa, France, Germany and Italy. Examining the substantive tort law in these jurisdictions, the book highlights differences in procedure and compares alternative, non-judicial sources of compensation for claimants. It also offers suggestions for reform, providing a work that will greatly benefit all those working within this specific area of law or having an interest in the subject.
Vicarious Liability In Tort
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Author : Paula Giliker
language : en
Publisher: Cambridge University Press
Release Date : 2010-10-28
Vicarious Liability In Tort written by Paula Giliker 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 2010-10-28 with Law categories.
Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
The Negligence Liability Of Public Authorities
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Author : Cherie Booth QC
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
The Negligence Liability Of Public Authorities written by Cherie Booth QC and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Whether, and in what circumstances, public authorities should be held liable for negligence in the performance of their public functions is a highly complex area of the law. Written by two leading barristers, the first edition of The Negligence Liability of Public Authorities provided a much needed guide to these complexities and offered a detailed account of the law for practitioners and academics. This second edition builds on the reputation of the first, including full coverage of the many important cases which have been decided since 2006. Divided into two Parts, Part I focuses on the extent to which the public nature of a defendant affects civil liability and the principles that govern and limit that liability. Part II considers the law as it impacts upon specific areas of public authorities' activities. It examines cases in a range of key areas, including the police, social services, highways, education, and the emergency services and aims to set out in a comprehensive way the different legal issues that have arisen in each area. By examining cases in a variety of jurisdictions, including Australia, Canada, South Africa, New Zealand and the USA, the authors further broaden the scope of this authoritative text. The book also identifies the underlying principles and policy arguments which have shaped the law more generally, making it an extremely useful resource for a wide variety of practitioners.
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.