Full Description
This collection explores the relationship between the state and private law.
It does this by addressing four overlapping questions, beginning by asking why states recognise and enforce private law obligations and liabilities. It goes on to ask how the state as a legal actor is subject to private law. The third question explored relates to the relationship between private law and public law. Finally, it examines the role of the public interest in private law.
With the perspectives of world-leading commentators from both academia and the judiciary, this book provides a fascinating assessment of a crucial but complex relationship.
Contents
1. Introduction
Andrew Robertson and Jason Neyers
2. The State, Obligations, and Interpretative Method
Andrew Robertson
3. Diceyan Equality: Floor or Ceiling for Public Authority Liability?
Erika Chamberlain
4. The Liability of Public Authorities for Torts
James Edelman
5. Hoist by its Own Petard: Can the State be Liable in a Civil Action for Breach of Statutory Duty?
Neil Foster
6. Wither the State? Challenges to Private and Public Law Created by Contracting out State Functions
Catharine MacMillan
7. Wrongful Disclosures from Police Investigations and the Citizen-State Relationship
Nicole Moreham
8. The Right to Resist
Nick McBride
9. Private Law and Mass Claims: Regulating in the Place of the State
Suzanne Chiodo
10. Framing Civil Actions for Wrongs as a Spectrum: From Tort Law to Pure Enforcement
Grigoris Bacharis
11. Remedies and the Public Interest
Alexander Georgiou and Sandy Steel
12. Explaining State Curbs on Contract Remedies
Sarah Worthington
13. Public and Private in the Law of Public Nuisance
Arthur Ripstein
14. Equity and Society: Interests and Techniques
Yip Man
