Tort Liability of Public Authorities in Comparative Perspective PDF Download
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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.
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.
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.
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
Author: Giacinto della Cananea
Publisher: Oxford University Press
ISBN: 0192637614
Category : Law
Languages : en
Pages : 384
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Book Description
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.
Author: Ken Oliphant
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Susan Kneebone
Publisher: Lawbook Company
ISBN: 9780455215204
Category : Government liability
Languages : en
Pages : 405
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Book Description
Author: Duncan Fairgrieve
Publisher: Routledge
ISBN: 1351161865
Category : Law
Languages : en
Pages : 227
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Book Description
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.
Author:
Publisher:
ISBN:
Category : Administrative responsability
Languages : en
Pages : 116
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Book Description
Author: Tom Cornford
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409496325
Category : Law
Languages : en
Pages : 499
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Book Description
Presenting a new approach to the problem of public authority liability, this volume provides a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These principles are used as criteria by which to judge the current law and as a guide to reform. Such reform could be brought about by judicial development of the law, and this volume explains how. It considers both the procedural and the substantive divides between public and private law and explains the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act. Focusing in particular on UK law, the book is also relevant to other Commonwealth countries and will be of interest to scholars and practitioners of both tort and public law.
Author: Duncan Fairgrieve
Publisher: Oxford University Press on Demand
ISBN: 9780199258055
Category : Language Arts & Disciplines
Languages : en
Pages : 354
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Book Description
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.
