Abstract
This paper examines the difficult issues associated with imposing tortious liability on public authorities at common law, focussing her discussion on negligence. It considers the public and private nature of these bodies and their functions, first examining the possible approaches to treatment of these at common law, and then following the enactment of the civil liability legislation in the various States and Territories. A preferred approach to the determination of tortious liability of public authorities is then offered, which, provided a principled approach is taken to statutory interpretation, will accommodate the civil liability legislation.
Disciplines
Injury and Tort Law | Law
Date of this Version
November 2010
Recommended Citation
Prue Vines, "Straddling the Public/Private Divide: Tortious Liability of Public Authorities" (November 2010). University of New South Wales Faculty of Law Research Series 2010. Working Paper 47.
http://law.bepress.com/unswwps-flrps10/art47
Comments
This article was published in the Judicial Review (2010) 9, 445-475. This paper may also be referenced as [2010] UNSWLRS 47.