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The Negligence Liability of Public Authorities for Omissions

Cornford, Thomas (2019) 'The Negligence Liability of Public Authorities for Omissions.' Cambridge Law Journal. ISSN 0008-1973 (In Press)

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Abstract

In this article I address the question of whether the omissions principle – the principle that the common law does not impose liability for omissions – applies with the same force in negligence cases involving public authority defendants as in cases involving private defendants. My argument is that the answer depends upon the answer to a prior question: can a duty of care be based upon the public law powers and duties of a public authority? In making my argument, I refute the views both of those who insist that a claim in negligence against a public authority can be rejected purely because it relates to an omission not falling within one of the standard exceptions to the omissions principle and of those who insist that such a claim can succeed while at the same denying that a duty of care can be based on a public authority’s public law powers and duties.

Item Type: Article
Uncontrolled Keywords: tort, negligence, omissions, public authorities
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 06 Aug 2019 11:52
Last Modified: 06 Aug 2019 11:52
URI: http://repository.essex.ac.uk/id/eprint/25113

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