Towards a public law of tort

• Main Author: Cornford, Tom.
• Format: Electronic
• Language: English
• Published: Aldershot, England ; Burlington, VT : Ashgate, c2008.
• Subjects: Administrative responsibility > England.; Government liability > England.; Government liability.; LAW > Constitutional.; LAW > Public.; Electronic books.; Computer network resources.
• Online Access: ebrary; View fulltext via EzAccess; MyiLibrary

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 w...

Table of Contents:

• 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
• 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.