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Ken Oliphant

The Liability of Public Authorities in Comparative Perspecti

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ISBN: 9781780682389
Author : Ken Oliphant
Published: 2016
Publisher: Intersentia
Number of pages: 800
Language: English
Format: Paperback
Description
Here begins a new series by the Group European of Tort Law that aims to contribute to the enhancement and harmonization of tort law in Europe through the framework provided by its Principles of European Tort Law, published in 2005. This first volume investigates the liability of public authorities, a topic that has been at the edges of tort law in European during recent decades, with major reforms implemented or considered at the national level and a steady stream of major court decisions. After describing public authority liability in different–mostly European–counties, it presents seven case studies on such matters a wrongfully canceled license, fireworks store, and police cross-fire. Distributed in the US by ISBS. Annotation ©2017 Ringgold, Inc., Portland, OR (protoview.com) In recent decades, the liability of public authorities has been one of the main areas of development in tort law in Europe, with major reforms implemented or considered at a national level and a steady stream of major court decisions. During the same period, ‘Member State liability’ has also been recognized in the law of the EU, and the interplay of principles of national and EU law – and additionally, the ‘just satisfaction’ jurisprudence of the European Court of Human Rights-warrants close attention. In this context, the present study contributes to 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), to facilitate its enhancement where necessary or desirable, and to consider the possibilities for harmonization in the area-specifically, through the extension and adaptation of the Principles of European Tort Law to cover public authority liability. (Series: Principles of European Tort Law, Vol. 1) [ Subject: European Law, Comparative Law, Tort Law]

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