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The Negligence Liability of Public Authorities, Second Edition最新文献

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Emergency Services 紧急服务
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0012
D. Fairgrieve, Dan Squires QC
{"title":"Emergency Services","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0012","url":null,"abstract":"Various different services, under the auspices of public authorities, have been created to respond to emergencies. Some, such as fire and ambulance services, are provided pursuant to statute. Others, such as coast-guards, are not. This chapter considers the potential liability in tort of these various services. As we shall see, the existence, or otherwise, of a statutory framework covering the emergency service does not affect the scope of the common law duties of care it owes (with the possible exception of the ambulance service), and essentially the same principles apply regardless of the statutory framework. There are, however, significant differences between the way the courts treat the various emergency services, and these differences, and the reasons for them, are examined throughout the course of this chapter.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132730721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Housing and Land Use 房屋及土地用途
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0016
D. Fairgrieve, Dan Squires QC
{"title":"Housing and Land Use","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0016","url":null,"abstract":"Public authorities are substantial landowners. They use land for a wide variety of purposes intended to benefit the public, for example: for the provision of amenities such as parks and swimming pools, for drainage and sewage facilities, for commercial or residential leasing, for transportation by air, rail, or road. In large part, the liability of public authorities will be governed by the same rules as are applicable to private landowners. Like other landowners, public authorities can be held liable for nuisance if their use of land interferes with neighbours’ enjoyment of their land, if they are the occupiers of premises that are not maintained to a reasonable standard of safety, or if as landlords they breach tenancy agreements. In many cases, the fact that a landowner is a public authority will have little or no bearing on a determination of its liabilities, and such cases are not considered in any detail in this chapter.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"51-52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133718882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Other Aspects of Negligence Claims 过失索赔的其他方面
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0005
D. Fairgrieve, Dan Squires QC
{"title":"Other Aspects of Negligence Claims","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0005","url":null,"abstract":"In order to succeed in a negligence action, claimants must establish that: (i) they were owed a duty of care, (ii) the duty was breached by the defendant, and (iii) the duty caused loss of a legally recognized kind. It will also be necessary for the claim to be ‘justiciable’, that is, of a kind which is suitable for resolution in the courts. We consider justiciability in Chapter 2 and the approach taken by the courts to determine a duty of care in Chapters 3 and 4. In this chapter we examine the other elements of a negligence claim: namely, breach of duty, causation, and damage. We shall also consider two further questions: whether claims can be brought, not only against a careless individual, but against his or her employer, and the procedures for disposing of claims without requiring a trial through strike-out and summary judgment procedures.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127122605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Planning, Environmental, Banking, and Professional Regulation 规划，环境，银行和专业法规
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0014
D. Fairgrieve, Dan Squires QC
{"title":"Planning, Environmental, Banking, and Professional Regulation","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0014","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0014","url":null,"abstract":"In the previous chapter, we examined the negligence liability of authorities engaged in health and safety regulation. This chapter deals with regulation in other areas. It examines the tortious liability of authorities involved in regulation in the fields of planning, the environment, and banking, and of those authorities regulating professions such as law, accountancy, and medicine. In each of these areas, regulatory authorities are empowered to oversee and control the activities of third parties. Planning authorities regulate those involved in land development to ensure that development occurs in a manner that is compatible with wider public interests. Environmental regulatory authorities aim to minimize environmental hazards such as pollution and emissions caused by those engaged in industrial and other activities. Banking authorities seek to regulate financial institutions to ensure that they are not run in a manner that is fraudulent or otherwise detrimental to their customers and the wider financial markets. Regulators of professions attempt to ensure that only those who are competent are able to practise in particular professions.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131113488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Health and Safety Regulators 健康和安全监管机构
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0013
D. Fairgrieve, Dan Squires QC
{"title":"Health and Safety Regulators","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0013","url":null,"abstract":"‘Health and safety regulators’ are public authorities whose primary purpose is to supervise the activities of third parties engaged in dangerous activities. Their aim is to provide protection from physical harm. This chapter examines the circumstances in which such regulators will be held liable in tort if their carelessness causes physical or economic losses to members of the public, or to those whose activities are the subject of the regulation. We consider other regulatory bodies, such as those concerned with planning and banking in Chapter 14, and we consider the potential liability of bodies concerned with providing information and warnings on health, but not with the direct regulation of potentially dangerous activities, in Chapter 18.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121810603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Problem of Public Authority Negligence Liability 公共权力机构过失责任问题
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0001
D. Fairgrieve, Dan Squires QC
{"title":"The Problem of Public Authority Negligence Liability","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0001","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0001","url":null,"abstract":"For a number of reasons the courts have exhibited some wariness about imposing liability on public authorities. They are concerned that the threat of negligence liability might hamper the authority in its attempt to discharge its public duties, or that the limited resources of a public authority should not be spent compensating those whom the authority failed to protect from harm. There is also a concern that decisions about the allocation of public resources should be made not by the courts at all but by the authorities themselves, which are generally answerable to political processes. It is apparent that such consideration does not arise in relation to negligence claims brought against private parties, and this book attempts to examine the principles the courts have formulated to determine how defendants’ liabilities are affected by the fact that they were discharging public obligations at the time of their alleged negligence.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123699941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Armed Forces 武装部队
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0017
D. Fairgrieve, Dan Squires QC
{"title":"Armed Forces","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0017","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0017","url":null,"abstract":"This chapter considers claims brought against the Armed Forces where negligence of its members causes injuries to other members of the forces or to civilians. In order to understand the scope of liabilities where claimants are themselves members of the Armed Forces, it is necessary to consider the statutory immunity that was conferred upon the Forces. Section 10 of the Crown Proceedings Act 1947 provided the Crown with a broad immunity in relation to tort claims brought by members of the Armed Forces. This immunity was removed by the Crown Proceedings (Armed Forces) Act 1987. The 1987 Act abolished the immunity only prospectively, however, and for harm suffered prior to its coming into force, in May 1987, the immunity continues to apply. Since claims can be brought many years after an injury was suffered if the claimant was not aware of the injury the immunity continues to play a significant role.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134345781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Police 警察
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0010
D. Fairgrieve, Dan Squires QC
{"title":"Police","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0010","url":null,"abstract":"The police are subject to a range of different legal controls. They have a general duty to uphold the law, and breach of this duty can, in principle, be enforced by way of judicial review proceedings brought by members of the public. If, in the course of enforcing the law, the police detain, arrest, or assault an individual without lawful justification, they can be held liable for the torts of false imprisonment or trespass to the person, and they may also be held liable for the tort of misfeasance in public office if they act maliciously and unlawfully in the purported performance of their duties. as well as statutory torts specifically aimed at the police. The Human Rights Act 1998 provides further significant additions to the claims that can be brought against the police, and these are considered further in chapter 7. Claimants have also sought to establish that the police, like other public authorities, can be held liable for the tort of negligence, and it is such claims that are considered in this chapter.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132819097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Social Services 社会服务
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0008
D. Fairgrieve, Dan Squires QC
{"title":"Social Services","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0008","url":null,"abstract":"Public authorities have responsibilities towards vulnerable individuals, and are accorded powers to protect such individuals from harm. This includes the power to provide care for children, the elderly and those suffering from mental illnesses. This chapter examines the potential liabilities of such authorities in relation to harm suffered because of failures in the provision of social services, for example, where claimants were abused while in the care of the authority, or where the authority failed to protect children from abuse by their family. We also examine harm which can arise where an authority has been over-zealous, as opposed to insufficiently attentive, for example where an authority erroneously suspects that children are being abused by their parents and unnecessarily removes children from their family.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115580567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Miscellaneous Public Authority Functions 杂项公共权力职能
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0018
D. Fairgrieve, Dan Squires QC
{"title":"Miscellaneous Public Authority Functions","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0018","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0018","url":null,"abstract":"Doctors owe a duty of care to their patients, and this duty will be owed regardless of whether the doctor is a public sector employee operating within a statutory framework or is providing health care privately. Medical negligence claims in relation to the care which doctors provide to individual patients are outside the scope of this book. Cases arise, however, that do not involve individual doctor-patient relations and raise broader questions of medical policy. In such instances, the fact that the defendant is a public authority exercising public powers is likely to be material to a determination of whether a duty of care should be imposed, and it is such cases we consider in this section. It should be noted that the potential liabilities in negligence of the bodies that regulate the medical profession are not considered in this chapter, but are examined in Chapter 14, where we consider professional regulators.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121357534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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