The Liability of Public Authorities in Comparative Perspective

The Liability of Public Authorities in Comparative Perspective PDF Author: Ken Oliphant
Publisher:
ISBN: 9781780682389
Category : Administrative responsibility
Languages : en
Pages : 0

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Book Description
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

The Liability of Public Authorities in Comparative Perspective PDF Author: Intersentia
Publisher: Principles of European Tort Law
ISBN: 9781780682419
Category :
Languages : en
Pages : 0

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Book Description
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$by Ken Pliphant (ed.).

The Liability of Public Authorities in Comparative Perspective$by Ken Pliphant (ed.). PDF Author: Ken Oliphant
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description


Tort Liability of Public Authorities in Comparative Perspective

Tort Liability of Public Authorities in Comparative Perspective PDF Author: Duncan Fairgrieve
Publisher: British Institute for International & Comparative Law
ISBN:
Category : Law
Languages : en
Pages : 624

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Book Description
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

The Liability of Public Authorities in Comparative Perspective PDF Author: Ken Oliphant
Publisher:
ISBN: 9781780685595
Category : Administrative responsibility
Languages : en
Pages : 887

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Book Description
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 Law

Tort Law PDF Author: Mark Lunney
Publisher: Oxford University Press
ISBN: 0199211361
Category : Law
Languages : en
Pages : 1059

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Book Description
Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.

Common Law and Civil Law Perspectives on Tort Law

Common Law and Civil Law Perspectives on Tort Law PDF Author: Mauro Bussani
Publisher: Oxford University Press
ISBN: 019536838X
Category : Law
Languages : en
Pages : 297

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Book Description
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.

Justifying Strict Liability

Justifying Strict Liability PDF Author: Marco Cappelletti
Publisher: Oxford University Press
ISBN: 0192676075
Category : Law
Languages : en
Pages : 385

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Book Description
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

Lunney and Oliphant's Tort Law

Lunney and Oliphant's Tort Law PDF Author: Ken Oliphant
Publisher: Oxford University Press
ISBN: 0198865112
Category :
Languages : en
Pages : 1086

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Book Description
This book takes a socio-legal approach and provides a rich and thorough understanding of tort law. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. This seventh edition has been brought completely up to date by Ken Oliphant and Donal Nolan.Digital formatsThe seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.· The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks · All of OUP's tort law textbooks are supported by online resources including bi-annual updates on the latest key developments in tort law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.

The Law of Loyalty

The Law of Loyalty PDF Author: Lionel Smith
Publisher: Oxford University Press
ISBN: 019766458X
Category : Law
Languages : en
Pages : 497

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Book Description
This monograph elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.

Basic Questions of Tort Law from a Comparative Perspective

Basic Questions of Tort Law from a Comparative Perspective PDF Author: Helmut Koziol
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 867

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Book Description