State Liability in Tort: A Comparative Law Study
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About the Book
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 public bodies, 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 of the 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 and liability 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, and underlying 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.
Book Details
ISBN-13: 9780199258055
EAN: 9780199258055
Binding: Hardcover
Country Of Origin: United Kingdom
Gardner Classification Code: V01
Language: English
MediaMail: Y
Number of Items: 01
PrintOnDemand: Y
Series Title: English
UK Availability: GXC
ISBN-10: 0199258058
Publisher: OUP Oxford
Bood Data Readership Text: Professional & Vocational
Dewey: 346.03
Height: 242 mm
LCCN: 2003270651
No of Pages: 404
Pagination: 404 pages, black & white illustrations
Returnable: N
Spine Width: 26 mm
Width: 163 mm