Government Liability: South Africa and the Commonwealth (e-books)
This work analyses in comparative terms the law of government liability and bureaucratic negligence in South Africa, England, Australia, Canada, and New Zealand, drawing extensively upon case law from these courts. The authors examine the impact of the Constitution on developments in the common law of public authority liability and government vicarious liability in South Africa, and link these developments to the changes that have taken place in Canada and England.
| ISBN: | 9780702199400 |
| Publisher: | Juta Publishers |
| Variant: | e-book |
| Author(s): | Okpaluba, C and Osode, P |
| Edition: | 1st Edition |
Content
Part One: Constitutional Dimensions of Government Liability
- Constitutional and Juridical Basis for the Revolutionary Trend
- The Constitutional Cause of Action
- Statutory Cause of Action
Part Two: Liability at Common Law
- Bureaucratic Negligence
- Negligent Performance of Statutory Duty
- Deliberate and Dishonest Conduct
- Causation, Damage and Contributory Fault
Part Three: Limits of Public Authority Liability
- Police Investigative Duties and Public Interest Immunity
- Police Investigative Duties: The Canadian Approach
- Common-Law Immunities
- Statutory Limitations
Part Four: Government Vicarious Liability
- The Common Law of Vicarious Liability
- Scope And Course of Employment
- Contemporary Comparative Developments
Part Five: The Problem of Quantum
- Contemporary Perspectives on Public Law Damages
- Constitutional Damages
- England, Australia and New Zealand
- Punitive Damages and Other Awards: Canada
- Delictual Damages: South Africa
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