Duncan Fairgrieve

State Liability in Tort

A Comparative Law Study

• Gebundenes Buch

Produktbeschreibung

From a comparative law perspective, it is argued that contrary to orthodox doctrinal opinion there are many similarities in the English and French law of administrative liability, with parallels in the treatment of different types of loss, causation, finding of fault, and underlying policy concerns. The author discusses the direction in which English law might now move, as well as analysing less orthodox sources of compensation such as the practice of the ombudsmen and statutory funds including the new French medical negligence compensation scheme.

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This book examines financial compensation for wrongs committed by public bodies including medical negligence, educational errors, child abuse by local authority carers, and police misconduct. Recent English cases are analysed and compared with European decisions. Explanation is given of ways of gaining compensation outside the courts, through complaints-procedures, ombudsmen, and statutory schemes.

Produktdetails

• Verlag: Oxford University Press, USA
• Seitenzahl: 404
• Erscheinungstermin: 8. Mai 2003
• Englisch
• Abmessung: 241mm x 164mm x 27mm
• Gewicht: 706g
• ISBN-13: 9780199258055
• ISBN-10: 0199258058
• Artikelnr.: 21901410

Autorenporträt

Duncan Fairgrieve is at the Université de Paris II, since 2002 he has been a visiting academic at the Università degli studi di Torino, Italy

Inhaltsangabe

1: General Introduction
2: Overview of State Liability in English and French Law
3: Public Law Unlawfulness and Liability in Damages
4: Beyond Illegality: Liability for Fault in English and French Law
5: Lawfully Caused Loss
6: Assessing the Causal Link
7: Damage and Compensation
8: Alternative Means of Redress
9: General Conclusion