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Tortious Liability of Statutory Bodies: A Comparative and Economic Analysis of Five English Cases


ISBN13: 9781841131245
ISBN: 1841131245
Published: November 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



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In a number of important decisions such as ""Stovin v. Wise"", ""X v. Bedfordshire"", ""Barrett v. Enfield London Borough Council"" and others, English courts have been forced to contend with the important issue of tortious liability of statutory bodies.

Following the ""Hill"" decision, they opted for a wide non-liability rule on a variety of policy and economic efficiency grounds. Yet many of their arguments have been considered and rejected by both German and French courts when deciding factually equivalent situations.

This study analyses five leading English cases in a comparative and economic way, and questions the validity of their assumptions as well as their arguments in the light of the recent important decision of the Strasbourg Court of Human Rights in ""Osman v. UK"".

Subjects:
Tort Law
Contents:
The basic principle of tort law
a first look at the five cases and problems they raise
how different courts have handled these cases
a critique of the English reasons
comparative conclusion
appendices.