Towards a public law of tort

著者

書誌事項

Towards a public law of tort

Tom Cornford

Ashgate, c2008

大学図書館所蔵 件 / 全6件

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注記

Bibliography: p. [241]-248

Includes index

内容説明・目次

内容説明

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.

目次

  • Contents: Preface
  • Part 1 Theoretical Foundations: Introduction
  • Dicey's equality principle and the state
  • Principle I
  • Cohen and Smith's theory of entitlement
  • Principle II
  • The reach of public law
  • The distinctiveness of public law
  • The nature of public law duties elaborated. Part 2 Implementation: Implementing principle II
  • Principle I and the stable and volatile parts of tort law
  • Principle I and the case law on negligence
  • Implementing the public approach to negligence
  • Outstanding issues
  • Bibliography
  • Index.

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