The Liability Of Public Authorities In Comparative Perspective
The Liability Of Public Authorities In Comparative Perspective Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Liability Of Public Authorities In Comparative Perspective book. This book definitely worth reading, it is an incredibly well-written.
Duncan Fairgrieve,Mads Tønnesson Andenæs,John Bell
Author : Duncan Fairgrieve,Mads Tønnesson Andenæs,John Bell Publisher : British Institute for International & Comparative Law Page : 624 pages File Size : 44,9 Mb Release : 2002 Category : Law ISBN : STANFORD:36105063217546
Tort Liability of Public Authorities in Comparative Perspective by Duncan Fairgrieve,Mads Tønnesson Andenæs,John Bell Pdf
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 by Intersentia,Ken Oliphant Pdf
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 by Ken Oliphant Pdf
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
Tort Liability of Public Authorities in European Laws by Giacinto della Cananea,Roberto Caranta Pdf
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.
The Negligence Liability of Public Authorities by Cherie Booth QC,Duncan Fairgrieve,Dan Squires Pdf
Whether, and in what circumstances, public authorities should be held liable for negligence in the performance of their public functions is a highly complex area of the law. Written by two leading barristers, the first edition of The Negligence Liability of Public Authorities provided a much needed guide to these complexities and offered a detailed account of the law for practitioners and academics. This second edition builds on the reputation of the first, including full coverage of the many important cases which have been decided since 2006. Divided into two Parts, Part I focuses on the extent to which the public nature of a defendant affects civil liability and the principles that govern and limit that liability. Part II considers the law as it impacts upon specific areas of public authorities' activities. It examines cases in a range of key areas, including the police, social services, highways, education, and the emergency services and aims to set out in a comprehensive way the different legal issues that have arisen in each area. By examining cases in a variety of jurisdictions, including Australia, Canada, South Africa, New Zealand and the USA, the authors further broaden the scope of this authoritative text. The book also identifies the underlying principles and policy arguments which have shaped the law more generally, making it an extremely useful resource for a wide variety of practitioners.
Child Abuse Tort Claims Against Public Bodies by Duncan Fairgrieve,Sarah Green Pdf
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.
United Kingdom National Committee of Comparative Law
Author : United Kingdom National Committee of Comparative Law Publisher : British Institute for International & Comparative Law Page : 320 pages File Size : 55,6 Mb Release : 1991 Category : Law ISBN : STANFORD:36105044602501
Governmental Liability by United Kingdom National Committee of Comparative Law Pdf
The aim of this book is to study how a dozen legal systems have dealt with the problem of providing a financial remedy for individuals who have suffered injury of loss as a result of government activity. The original inspiration for the book came from a collquium on the subject of governmental liability, compensation and the law of civil wrongs, held at Birmingham University in September 1985 under the auspices of the UK National Committee for Comparative Law.
The Negligence Liability of Public Authorities by Cherie Booth,Cherie Blair,Daniel Squires Pdf
This is a thorough account of the law on the negligence liability of public authorities, providing practical guidance as well as a clear analysis of this developing area of law.
Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
French Civil Liability in Comparative Perspective by Jean-Sébastien Borghetti,Simon Whittaker Pdf
The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth
Author : Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth Publisher : Oxford University Press, USA Page : 1169 pages File Size : 52,9 Mb Release : 2021-01-17 Category : Law ISBN : 9780198799986
The Oxford Handbook of Comparative Administrative Law by Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth Pdf
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
"This text, primarily used for first year law students, discusses tort law, which deals with wrongful acts or injury that lead to physical, emotional, or financial damage to a person in which another person could be held legally responsible."--
Civil Enforcement in a Comparative Perspective by Wendy Kennett Pdf
Bailiffs play an important role in the enforcement of court orders. They are part of the state machinery for the transfer of assets from debtors to creditors and for evictions. This book investigates the surprising differences in bailiff regulation across Europe and questions how far governments take adequate responsibility for enforcement action.
