Tort Liability of Public Authorities in Comparative Perspective

Tort Liability of Public Authorities in Comparative Perspective
Author: Duncan Fairgrieve
Publisher: British Institute for International & Comparative Law
Total Pages: 624
Release: 2002
Genre: Law
ISBN:

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
Author: Intersentia
Publisher: Principles of European Tort Law
Total Pages: 0
Release: 2016-09-30
Genre:
ISBN: 9781780682419

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

The Liability of Public Authorities in Comparative Perspective
Author: Ken Oliphant
Publisher:
Total Pages: 887
Release: 2014
Genre: Administrative responsibility
ISBN: 9781780685595

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

State Liability in Tort

State Liability in Tort
Author: Duncan Fairgrieve
Publisher: Oxford University Press on Demand
Total Pages: 354
Release: 2003
Genre: Language Arts & Disciplines
ISBN: 9780199258055

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.

Tort Liability of Public Authorities in European Laws

Tort Liability of Public Authorities in European Laws
Author: Giacinto della Cananea
Publisher: Oxford University Press
Total Pages: 384
Release: 2020-12-15
Genre: Law
ISBN: 0192637614

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.