Cornford, Thomas (2019) The Negligence Liability of Public Authorities for Omissions. Cambridge Law Journal, 78 (3). pp. 545-569. DOI https://doi.org/10.1017/S0008197319000692
Cornford, Thomas (2019) The Negligence Liability of Public Authorities for Omissions. Cambridge Law Journal, 78 (3). pp. 545-569. DOI https://doi.org/10.1017/S0008197319000692
Cornford, Thomas (2019) The Negligence Liability of Public Authorities for Omissions. Cambridge Law Journal, 78 (3). pp. 545-569. DOI https://doi.org/10.1017/S0008197319000692
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 |
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Uncontrolled Keywords: | tort, negligence, omissions, public authorities |
Divisions: | Faculty of Humanities Faculty of Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 06 Aug 2019 11:52 |
Last Modified: | 06 Jan 2022 14:03 |
URI: | http://repository.essex.ac.uk/id/eprint/25113 |
Available files
Filename: Cornford Omissions CLJ revised.pdf