Non-Fiction Books:

The Tortious Liability of Statutory Bodies

A Comparative and Economic Analysis of Five Cases
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Description

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". This book should be useful to scholars and practitioners interested in public law, human rights, comparative methodology and tort law.

Author Biography:

Sir Basil Markesinis,KC, LL.D. (Cantab.) DCL (Oxon) D. Iur h.c. (Ghent, Paris I (Sorbonne) and Munich), is Professor of Common and Civil Law at University College London and Jamail Regents Chair at the University of Texas at Austin. Jean-Bernard Auby is Ordinarius Professor at the University of Paris II (Panthéon-Assas), Faculté de droit et des Sciences Economiques. Dagmar Coester-Waltjen is Ordinarius Professor of Comparative Law at the Ludwig-Maxmillians University of Munich and Director of the University’s Institute of International and Foreign Law. Simon Deakin is Robert Monks Professor of Corporate Governance and Fellow of Peterhouse at the University of Cambridge.
Release date Australia
November 1st, 1999
Audiences
  • Postgraduate, Research & Scholarly
  • Professional & Vocational
  • Undergraduate
Pages
184
Dimensions
194x129x14
ISBN-13
9781841131245
Product ID
5820041

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