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State Liability in TortA Comparative Law Study$
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Duncan Fairgrieve

Print publication date: 2003

Print ISBN-13: 9780199258055

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199258055.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 January 2022

Lawfully Caused Loss

Lawfully Caused Loss

(p.136) 5 Lawfully Caused Loss
State Liability in Tort

Duncan Fairgrieve

Oxford University Press

This chapter focuses on no-fault liability — damages liability of public authorities when the impugned actions are not unlawful in a public law sense. Lawfully caused loss is more applicable in French academic and case law because French administrative law covers a more general scope of liability than the strict liability of the English law, including disparate areas of public sector activity, even though it can be compared to individual torts in English law. However, no-fault liability in French administrative law is pervaded by confusion as its supporting principles are still doubtful. Introduction of a broad principle of liability for lawfully caused loss based upon risk theory or on principles of equality has been a debate in common law systems.

Keywords:   no-fault liability, lawfully caused loss, administrative law, English law, common law

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