Private Law Theory

INTRODUCTION
… To appreciate the impact of administrative law standards on private law liability of public authorities, consideration is given in Part II to the common law and policy background into which the statutory intervention intruded. Part III describes the recommendations for reform that led to the introduction of the statutory limitation upon tort liability of public authorities. Part IV examines the key components of the reform in New South Wales, including the ‘policy’ defense. The conclusion in Part V identifies the evolution of the concept of unreasonableness in administrative law, suggesting its implications for the limitation on the tort liability of public authorities …

Margaret Allars, Private Law Remedies and Public Law Standards: An Awkward Statutory Intrusion into Tort Liability of Public Authorities, 14 FIU Law Review 5 (2020).

First posted 2020-05-14 10:24:17