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

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Justiciability 可诉性
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1163/2468-5992_rose_com_0147a
D. Fairgrieve, Dan Squires QC
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引用次数: 0
Alternative Remedies 替代疗法
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0006
D. Fairgrieve, Dan Squires QC
{"title":"Alternative Remedies","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0006","url":null,"abstract":"This book focuses primarily upon claims brought against public authorities for the tort of negligence. Where a public authority causes harm to an individual, either deliberately or carelessly, there may also be other remedies available to the injured party. The present chapter considers some of the more important alternative remedies, though perhaps the most significant alternative now available are claims brought under the Human Rights Act 1998, which are considered separately in Chapter 7. In this chapter we examine the torts of misfeasance in public office and breach of statutory duty as well as judicial review proceedings and complaints to the Ombudsmen.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"19 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":"132636066","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
Education 教育
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0009
D. Fairgrieve, Dan Squires QC
{"title":"Education","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0009","url":null,"abstract":"It has long been established that schools owe a duty to look after the physical health and safety of their pupils. The duty imposed on schools has since been extended to taking care of the ‘educational needs’ of pupils. This has led to the imposition of liability in cases of ‘educational negligence’. These cases have tended to involve a failure to diagnose and treat learning difficulties, though the courts have made clear that schools are under a general duty to ensure that reasonable care is taken in the provision of education. As Lord Browne-Wilkinson noted in X v Bedfordshire County Council, ‘the education of the pupil is the very purpose for which the child goes to the school’ and the school thus has a duty to ensure that the child’s educational needs are met, and not just that he or she is physically safe while at school.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"33 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":"131962519","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
Arguments of Public Policy 公共政策论证
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0004
D. Fairgrieve, Dan Squires QC
{"title":"Arguments of Public Policy","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0004","url":null,"abstract":"Once it is determined that a claim is justiciable, whether liability will be imposed on a public authority depends on the application of ‘ordinary principles of negligence’, and this will mean that the claimant must establish he or she was owed a duty of care. Where it has been widely recognized in similar past cases that a duty of care is owed, liability is dependent only on establishing carelessness and causation, and the court will not consider the issue of ‘duty’ at all. Where it is less clear that a duty is owed, because we are dealing with a novel category of case in which duties have not been recognized previously, the tripartite test set out in the judgment of Lord Bridge in Caparo Industries Plc v Dickman, which we consider in more detail in Chapter 3, is applied. Pursuant to the test, the courts are to determine, first, whether harm was reasonably foreseeable, secondly, whether the claimant and defendant were in a sufficiently ‘proximate’ relationship to one another, and, thirdly, whether imposition of a duty of care would be ‘fair, just and reasonable’. The first two elements of the Caparo test are considered in Chapter 3. In this chapter we examine the third limb of the Caparo test.","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":"129594062","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
Detention 拘留
The Negligence Liability of Public Authorities, Second Edition Pub Date : 2019-06-20 DOI: 10.1093/oso/9780199692552.003.0011
D. Fairgrieve, Dan Squires QC
{"title":"Detention","authors":"D. Fairgrieve, Dan Squires QC","doi":"10.1093/oso/9780199692552.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780199692552.003.0011","url":null,"abstract":"Public authorities are responsible for detaining individuals in a variety of situations. The police, prison authorities, and health authorities treating the mentally ill, are all empowered to confine people against their will. Given the almost complete control such authorities have over the detainees’ environment, and the dependence of the detainees on the authority to provide for their daily needs, it is foreseeable that in various circumstances the carelessness of the authority will harm those detained. This chapter considers the potential liability in negligence of detaining authorities. Negligence is not, however, the only, or even the most important, tort available to detainees. They may also be able to hold detaining authorities liable for the torts of assault and battery, misfeasance in public office, and false imprisonment, as well as various claims for breach of the European Convention on Human Rights. As this chapter explains, the tort of negligence often operates as a residual remedy where one of these other remedies is not available to a detainee. Another kind of negligence liability this chapter considers arises where harm is caused by the detainees themselves. Given that some of those detained may be dangerous, it is foreseeable that if they are incorrectly released or allowed to escape they will cause harm. This chapter examines whether those injured by detainees in such circumstances can hold the detaining authority liable in negligence. The possibility of the victims succeeding in claims for breach of the European Convention on Human Rights is such cases is considered in Chapter 7.","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":"133116124","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
Human Rights Act 1998 1998年《人权法》
The Negligence Liability of Public Authorities, Second Edition Pub Date : 1998-11-09 DOI: 10.1108/14668203200300032
Alison Brammer
{"title":"Human Rights Act 1998","authors":"Alison Brammer","doi":"10.1108/14668203200300032","DOIUrl":"https://doi.org/10.1108/14668203200300032","url":null,"abstract":"The following chapter examines claims that can be brought under the Human Rights Act 1998 (HRA). The HRA makes it unlawful for a ‘public authority’ to breach the European Convention on Human Rights (‘the Convention’). The HRA accords to the victims of a breach of the Convention the right to pursue a claim against the offending public authority in the UK courts, when previously they were required to apply to the European Court of Human Rights in Strasbourg to vindicate their Convention rights.","PeriodicalId":147937,"journal":{"name":"The Negligence Liability of Public Authorities, Second Edition","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1998-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128747644","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: 23
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