Tortious liability of statutory bodies : a comparative and economic analysis of five English cases

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Tortious liability of statutory bodies : a comparative and economic analysis of five English cases

Basil S. Markesinis ... [et al.] ; foreword by Sir Sydney Kentridge

Hart, 1999

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内容説明

In a number of important decisions such as Stovin v. Wise,X v. Bedfordshire, Barrett v. Enfield London Borough Council and others, English courts have been forced to grapple with the important issue of tortious liability of statutory bodies. Following the Hill decision, they opted for a wide non-liability rule on a variety of policy and economic efficiency grounds. Yet many of their arguments have been considered and rejected by both German and French courts when deciding factually equivalent situations. This study analyses five leading English cases in a comparative and economic way and questions the validity of their assumptions as well as their arguments in the light of the recent important decision of the Strasbourg Court of Human Rights in Osman v. UK. This thought-provoking book, written by two English academics from Oxford and Cambridge Universities, in collaboration with two leading authorities from the Universities of Paris and Munich, should provide food for thought for judges, practitioners, academics and students for years to come. This book will be essential reading for scholars and practitioners interested in public law, human rights, comparative methodology, and tort law.

目次

  • The basic principle of tort law
  • a first look at the five cases and problems they raise
  • how different courts have handled these cases
  • a critique of the English reasons
  • comparative conclusion
  • appendices.

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