Abstract:
Is it possible for public and private law doctrines to converge in response to contemporary modes of mixed public-private governance? Such an approach has certain attractions. It side-steps difficult and often circular a priori assessments of whether a transaction or body is sufficiently ‘public’ or ‘commercial’, and it sometimes provides a space in which the countervailing threats of public corruption and private coercion can be weighed. Three examples of modern convergence are identified in relation to public contracts: the law of public tendering; controls on contractual discretion; and the concept of non-delegable duties in tort law which impacts on contracting out.
McLean, Janet M, Convergence in Public and Private Law Doctrines – The Case of Public Contracts (November 14, 2015).
First posted 2015-11-15 09:27:47
Leave a Reply