Towards a Public Law of Tort

by Cornford,Tom

• ISBN13: 9780754646839
• ISBN10: 0754646831
• Format: Hardcover
• Copyright: 2008-11-28
• Publisher: Routledge

Summary

"This book presents a new approach to the problem of public liability. It does this by providing a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These are used as a criterion by means of which to judge the current law and, this having been found wanting, as a guide to reform. The book argues that such reform could be brought about by judicial development of the law and explains how this might be achieved." "In the course of the argument both the procedural and the substantive divides between public and private law are considered and the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act is explained." "The book will be of interest to scholars and practitioners of both tort and public law and its argument, while focusing on English law, is also relevant to other Commonwealth countries."--BOOK JACKET.

Table of Contents

Preface

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

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

Table of Contents provided by Publisher. All Rights Reserved.