The Liability of Public Authorities in Comparative Perspective PDF Download

Author: Ken Oliphant
Publisher:
ISBN: 9781780682389
Category : Administrative responsibility
Languages : en
Pages : 0

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Book Description
This study explores 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).

Author: Duncan Fairgrieve
Publisher: British Institute for International & Comparative Law
ISBN:
Category : Law
Languages : en
Pages : 624

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Book Description
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.

Author: Giacinto della Cananea
Publisher: Oxford University Press, USA
ISBN: 0198867557
Category : Law
Languages : en
Pages : 401

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Book Description
Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume considers tort liabilities in European public authorities. It looks at several European countries, using case studies to compare administrative laws across the EU.

Author: Cherie Booth
Publisher: Oxford University Press, USA
ISBN: 9780199265411
Category : Administrative responsibility
Languages : en
Pages : 0

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Book Description
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.

Author: Jean-Sébastien Borghetti
Publisher: Bloomsbury Publishing
ISBN: 150992728X
Category : Law
Languages : en
Pages : 576

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Book Description
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.

Author: C. C. van Dam
Publisher: Oxford University Press, USA
ISBN: 0199672261
Category : Law
Languages : en
Pages : 654

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Book Description
This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.

Author: Paula Giliker
Publisher: Cambridge University Press
ISBN: 1139493078
Category : Law
Languages : en
Pages : 331

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Book Description
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.

Author: Bryan M E McMahon
Publisher: Bloomsbury Publishing
ISBN: 1780438842
Category : Law
Languages : en
Pages : 2668

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Book Description
This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law. Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003. Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.

Author: Ewa Bagińska
Publisher: Springer
ISBN: 3319189506
Category : Law
Languages : en
Pages : 488

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Book Description
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.

Author: Ernest J. Weinrib
Publisher:
ISBN: 9781772555790
Category : Torts
Languages : en
Pages :

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Book Description
"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."--