Duncan Fairgrieve
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780199258055
- eISBN:
- 9780191698507
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258055.003.0005
- Subject:
- Law, Law of Obligations
This chapter focuses on no-fault liability — damages liability of public authorities when the impugned actions are not unlawful in a public law sense. Lawfully caused loss is more applicable in ...
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This chapter focuses on no-fault liability — damages liability of public authorities when the impugned actions are not unlawful in a public law sense. Lawfully caused loss is more applicable in French academic and case law because French administrative law covers a more general scope of liability than the strict liability of the English law, including disparate areas of public sector activity, even though it can be compared to individual torts in English law. However, no-fault liability in French administrative law is pervaded by confusion as its supporting principles are still doubtful. Introduction of a broad principle of liability for lawfully caused loss based upon risk theory or on principles of equality has been a debate in common law systems.Less
This chapter focuses on no-fault liability — damages liability of public authorities when the impugned actions are not unlawful in a public law sense. Lawfully caused loss is more applicable in French academic and case law because French administrative law covers a more general scope of liability than the strict liability of the English law, including disparate areas of public sector activity, even though it can be compared to individual torts in English law. However, no-fault liability in French administrative law is pervaded by confusion as its supporting principles are still doubtful. Introduction of a broad principle of liability for lawfully caused loss based upon risk theory or on principles of equality has been a debate in common law systems.
