Download or read book Civil Liability and Public Authorities written by Sue Arrowsmith and published by . This book was released on 1992 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, dealing with financial claims against government, is set against the background of recent developments in the European Community. It covers in detail the rules governing the civil liability of public bodies, under both domestic law and the law of the EC. As well as discussing general principles, the book also offers chapters devoted to public procurement; employment and the Crown Service; negligence claims against public bodies; compensation for breach of public duties; special government torts; liability under Community law; restitutory claims against government; and Crown proceedings.
Download or read book The Negligence Liability of Public Authorities written by Duncan Fairgrieve and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Cherie Blair and Dan Squires QC, 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.
Download or read book Tort Liability of Public Authorities in Comparative Perspective written by Duncan Fairgrieve and published by British Institute for International & Comparative Law. This book was released on 2002 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Negligence Liability of Public Authorities written by Cherie Booth and published by Oxford University Press, USA. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Civil Liability of Government Officials written by and published by . This book was released on 1978 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Negligence Liability of Public Authorities written by Cherie Booth QC and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Liability and Environment written by Lucas Bergkamp and published by BRILL. This book was released on 2021-12-06 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Download or read book Civil Liability in Criminal Justice written by Darrell L. Ross and published by Routledge. This book was released on 2014-09-19 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding case law in high-liability areas and performing the job within a legal framework places a criminal justice agency in the best position to defend against a lawsuit. This handbook addresses the problems confronting criminal justice practitioners and their agencies due to the ever-increasing number of civil liability lawsuits. It introduces the reader to civil liability generally and the federal law specifically, while indicating the steps that can be taken to minimize the risk of litigation. Civil Liability in Criminal Justice is one of very few texts on the subject that combines applicable case law and related liability research, a valuable feature for current and future policy makers and managers. Ross also provides an overview of current case law in high-liability areas, enhancing student knowledge and practitioner job performance.
Download or read book Personal Liability of Public Officials written by and published by . This book was released on 1975 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Straddling the Public Private Divide written by Prue E. Vines and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the difficult issues associated with imposing tortious liability on public authorities at common law, focussing her discussion on negligence. It considers the public and private nature of these bodies and their functions, first examining the possible approaches to treatment of these at common law, and then following the enactment of the civil liability legislation in the various States and Territories. A preferred approach to the determination of tortious liability of public authorities is then offered, which, provided a principled approach is taken to statutory interpretation, will accommodate the civil liability legislation.
Download or read book The Liability of Public Authorities in Comparative Perspective written by Ken Oliphant and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book Governmental Liability written by United Kingdom National Committee of Comparative Law and published by British Institute for International & Comparative Law. This book was released on 1991 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Civil Liability in Criminal Justice written by H. E. Barrineau and published by Routledge. This book was released on 1994 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of lawsuits alleging misconduct on the part of criminal justice practitioners has increased in recent years, and the rise in the number of civil liability suits has profound implications for individual practitioners and their employing agencies. Criminal justice practitioners will undoubtedly continue to be sued due to the nature of their jobs. Law enforcement personnel place individuals in custody and often use force, sometimes deadly force, in performing their duties. Jail and correctional personnel impose limits on an individual's freedom of movement, and probation and parole officers also exercise considerable control over client lives. Although most criminal justice practitioners have a vague understanding that they can be sued, few have real knowledge of their potential civil liability. Civil liability is complex and varies according to jurisdiction, and developments in Federal law have greatly expanded the scope of civil liability. Local governments can now be held liable for the conduct of police officers and jail personnel. In addition, sheriffs, police chiefs, and mid- level supervisors can be held personally liable for the conduct of their subordinates. The author discusses civil liability in terms of differences between civil and criminal law and defines types of civil or tort actions that can be taken against criminal justice practitioners. The author also considers specific cases brought against criminal justice practitioners, administrators, supervisors, and agencies. Viable defenses available to criminal justice practitioners and agencies are described, as well as provisions of U.S. Code Section 1983 under which most lawsuits are brought in Federal court.
Download or read book Principles of Tortuous Liability written by Patrick Kimuyu and published by GRIN Verlag. This book was released on 2017-11-21 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2017 in the subject Health - Public Health, grade: 1.6, Egerton University, language: English, abstract: Tortuous liability is applied in healthcare in order to monitor claims and lawsuits arising from medical malpractices and negligence of their staff. Precisely, ‘tort’ refers to wrongful action committed by a person. The remedy to tort is damages, and this forms a part of the law of obligation. Currently, juries doctor program has made the principles of tortuous liability compulsory for their students. In this program, students learn the fundamental elements of tort liability in areas such as breach of duty, causation, negligence and defenses to liability. Tort liability in many healthcare setting is based on the conduct of personnel working at the facility as well as the organization itself. Tort law has mainly two objectives; deterrence and compensation. Seemingly, in 2002, the Australia tort laws went through major changes. Tort laws in Australia are divided into three groups namely; negligence torts, strict liability torts and intentional torts. Negligence torts refer to civil wrongs that occur due to one’s failure in exercising care against risk of known harm. Intentional torts are defined as deliberate action that results to harming a plaintiff. Classical example of intentional tort includes fraud and defamation. Strict liability torts impose accountability on a company that is not guilty of wrongdoing but its activities cause dangerous harm to the society despite taking the appropriate care. According to researchers, reasonable comprehension of tort can aid in minimizing the occurrence of tort liability. Risk managers have a duty of updating all the relevant organizations procedures and policies so as to meet the stipulated legal requirements. Any change in policy must be passed to the organizational staff in order to familiarize them with the incoming changes and probable effect on their daily activities. Therefore, this analysis focuses on the impact of reforms on tort law.
Download or read book Governmental Liability written by H. Street and published by Cambridge University Press. This book was released on 2015-12-03 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1953, this book presents a comparative study of the civil liability of governments in America, Europe and the Commonwealth.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Civil Actions Against State and Local Government Its Divisions Agencies and Officers written by and published by McGraw-Hill Companies. This book was released on 1992 with total page 1582 pages. Available in PDF, EPUB and Kindle. Book excerpt:
