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Littérature scientifique sur le sujet « State tortious liability »

Auteur : Grafiati

Publié le 7 juin 2025

Mis à jour le 2 août 2025

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Articles de revues sur le sujet "State tortious liability"

Nemțoi, Gabriela, and Ciprian Gabriel Ungureanu. "Tortious Civil Liability in Environmental Law." European Journal of Law and Public Administration 8, no. 2 (2021): 26–34. http://dx.doi.org/10.18662/eljpa/8.2/157.

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Tort liability consists in the obligation of the one who has committed an injury to indemnify the injured party. Tort liability is a legal operation which, according to the Civil Code, when an unlawful act causing damage is committed, the reverse means compensating the injured party. In the case of the environment, the one who harms is not always sanctioned, so in the case of this issue the legislator has developed a rather broad legislative framework. The common law has become applicable in the field of the environment based on the provisions of art. 135 para. (2) lit. e) of the Constitution,

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Abimbola Olalere, Fasilat. "Expanding Scope of English Law On Vicarious Liability And The Inevitability Of Conceptual Uncertainty." Kampala International University law journal 5, no. 1 (2023): 158–73. http://dx.doi.org/10.59568/kiulj-2023-5-1-09.

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Vicarious liability is an English law principle that is rooted in antiquity. It entails the transfer the liability of a persons’ negligent or tortious action to another person as a result of the relation relationship existing between both parties. Traditionally, vicarious liability has usually been applied in instances where employee/employer relationship exists between the tortfeasor and the third party and when the tortious act occurred ‘in the course of employment’. Through a case law analysis, this paper examined how vicarious liability principle has transitioned beyond its traditional con

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Ms., Poonam. "TORTIOUS LIABILITY OF THE STATE: TRANSITIONING FROM ABSOLUTE IMMUNITY TO CONDITIONAL RESPONSIBILITY." Indian Journal of Law and Society III, no. 2 (2025): 1–6. https://doi.org/10.5281/zenodo.15380407.

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<strong>ABSTRACT</strong> <em>Gone are the days, when people were controlled and governed by the kings. No person was permitted to raise their voice against the king. Owing to this, there was no scope for fixing the state's and its officials' liability since it was a common notion that king can do no wrong. But with time, this concept changed, and for the first time in 1861 state was made responsible in a landmark case named ‘Peninsular and Oriental Steam Navigation Co. v. Secretary of State 1861 Cal SC’. In the abovementioned authority, state was first considered responsible for i

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Caritj, Paul. "Tortious Interference with the Expectancy of Entitlement Benefits." University of Michigan Journal of Law Reform, no. 45.2 (2012): 455. http://dx.doi.org/10.36646/mjlr.45.2.tortious.

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This Note proposes a new tort to address employers' and their agents' increasing abuse of the Unemployment Insurance appeals process, which interferes with employees' expectancy of entitlement benefits. Though existing state Unemployment Compensation statutes sanction both unemployed workers claiming benefits and employers for making fraudulent statements, these provisions approach the issue of fraud too narrowly to combat this growing problem. Meanwhile, no existing remedy properly compensates victims of this sort of abuse, adequately deters abusive behavior by scaling the penalty to the harm

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Marson, James. "Collective Redress: Broadening EU Enforcement through State Liability?" European Business Law Review 27, Issue 3 (2016): 325–51. http://dx.doi.org/10.54648/eulr2016015.

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This article advances an argument that private enforcement of European Union (EU) rights has largely been stunted due to a series of blocking tactics by Member States, enabled through a form of tacitic subservience of the Court of Justice of the European Union. Currently, State Liability is neither an effective system of redress under tortious liability, nor a genuine enforcement mechanism in domestic law. By enabling collective redress in State Liability, we present an argument, missing explicitly in current literature, that both as a viable remedy through the (UK’s modified) tort of breach o

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Mihai, Gabriel. "Considerations regarding legal liability in the matter of insolvency." Ars Aequi 12 (April 13, 2023): 20–28. http://dx.doi.org/10.47577/10.1234/arsaequi.12.1.201.

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The insolvency procedure involves a special legal liability characterized by a combination of the general conditions of tortious civil liability and the special conditions provided by the Insolvency Law. Attracting legal liability is the expression of the principle of liability for the debts of the legal entity debtor, to which the members of the management, administration and supervision bodies of the legal entity are responsible, as well as any other persons who caused the insolvency of the debtor with regard to the facts expressly provided for and limited by law The exact determination of t

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Teremetskyi, Vladyslav, and Yaroslav Zhuravel. "Concept of tortious legal relations and their main features." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 80–89. http://dx.doi.org/10.34079/2226-3047-2020-10-19-80-89.

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The article is focused on studying the concept, content and essence of the definition of “tortuous legal relations”. The scientific works in the researched sphere have been analyzed. The author has indicated that there are gaps in the interpretation of the term of “tortuous legal relations” in its classical meaning and the place of this type of public relations in the legal system of Ukraine. It has been proved that most of scientific works do not reveal the meaning of this term, but its certain features were only indirectly analyzed in one way or another. The relevance and necessity of formul

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Graziano, Thomas Kadner. "THE LAW APPLICABLE TO PRODUCT LIABILITY: THE PRESENT STATE OF THE LAW IN EUROPE AND CURRENT PROPOSALS FOR REFORM." International and Comparative Law Quarterly 54, no. 2 (2005): 475–88. http://dx.doi.org/10.1093/iclq/lei008.

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The choice of law-rules for contractual obligations is harmonized in the European Union and the system established by the Rome I-Convention has proved its merits.1 The choice of law rules for tortious or delictual liability, on the contrary, is still largely left to the national legislators and courts2 and they differ very much from one country to the other. Two Hague Conventions cover particular issues.3 Neither of them is in force in the UK.

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Słup, Paweł. "Czy „Król może czynić źle”? Odpowiedzialność cywilna za wykonywanie władzy publicznej w prawie angielskim." Studia Iuridica 76 (January 17, 2019): 341–62. http://dx.doi.org/10.5604/01.3001.0012.8637.

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The principle of state liability has been widely recognised in 20th century and codified in certain jurisdictions. English law, however, has been traditionally reluctant to recognise the liability of Crown distinct from the of its servants. According to the long-standing principle of rule of law, servants of the Crown should be liable for torts committed in their official capacity just as individuals. The principle has been allegedly designed to protect the individuals from arbitrary decisions of public authorities, which fall in their actions under jurisdiction of common courts. It was not un

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Gilead, Israel. "Issues in the Law of Torts." Israel Law Review 24, no. 3-4 (1990): 651–56. http://dx.doi.org/10.1017/s002122370001013x.

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In a recent article, Prof. Izhak Englard reviewed the salient developments in tort law over the last decade. These developments are:(a) Deciding the question of the internal structure of the Civil Wrongs Ordinance as regards the relationship between the general and the specific torts.(b) Extension of tortious liability for negligence, and the crystallization of the conceptual framework of that tort.(c) Expanding the scope of the tort of breach of a statutory duty by allowing the unimpeded inclusion of statutory duties within the scope of the Civil Wrongs Ordinance.(d) Removal of the umbrella e

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Plus de sources

Livres sur le sujet "State tortious liability"

Abraham, Haim. Tort Liability in Warfare. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191997051.001.0001.

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Abstract Tort Liability in Warfare: States’ Wrongs and Civilians’ Rights develops a novel account of the tortious liability of states for wrongs they inflict on civilians during combat. Tort Liability in Warfare challenges orthodoxy by illustrating that ordinary domestic tort law doctrines could apply, as private law rights remain relevant during warfare and their wrongful violation triggers ordinary corrective justice duties. The book asserts that barring tort remedies for losses inflicted during warfare is not necessitated by theory or doctrine but is driven by policy considerations. Tort Li

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Witting, Christian. 1. Overview of tort law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811169.003.0001.

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This chapter provides an overview of tort law. It explains that tort law is a branch of the law of obligations which imposes liability for the breach of norms of conduct based on the type of interest at stake and the degree of fault. It provides a brief history of tort law. It then moves on to discuss the rights and interests protected by tort. It also considers theoretical perspectives about the proper parameters of tort, particularly about the bases of tortious liability and about whether tort law should serve individual or social goals.

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Chapitres de livres sur le sujet "State tortious liability"

Luís Silva, Morais, and Feteira Lúcio Tomé. "Part III Civil Law Legal Systems, 9 Portugal." In Liability of Financial Supervisors and Resolution Authorities. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198868934.003.0009.

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Tortious liability of financial supervisors (including those that exercise resolution functions) in Portugal is governed by the specific tort law regime applicable to the state and other public entities in Portugal. The liability criteria provided for the tortious liability regime for the state and other public entities are largely aligned with general tort liability rules, notwithstanding some important differences in several requirements. The chief purpose of this chapter is to discuss and evaluate in practice the tortious liability of financial supervisors having regard of the institutional

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Uglješa, Grušić. "Law Governing the Tortious Liability of UK Government Officials." In Torts in UK Foreign Relations. Oxford University Press, 2023. http://dx.doi.org/10.1093/law/9780198869221.003.0007.

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Chapter 7 highlights the English courts that have adopted different approaches to determining the law applicable to the issue of conditions for imposing tortious liability on UK government officials, which includes the application of English law, foreign law, and transnational law. It looks at the tortious liability of UK government officials and discusses the law applicable to the tortious liability of UK government officials acting as primary tortfeasors and as participants in another person’s wrongful conduct. It also examines the conflicts with the rhetoric of English courts that usually s

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Uglješa, Grušić. "Law Governing Defences." In Torts in UK Foreign Relations. Oxford University Press, 2023. http://dx.doi.org/10.1093/law/9780198869221.003.0008.

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Chapter 8 looks at the defences to tortious liability arising out of the external exercise of British executive authority. It shows that some defences are governed by English law and that the existence and operation of some defences reflect a conception of tortious claims arising out of the external exercise of British executive authority as claims that concern public acts of the UK. It also demonstrates that the Crown act of state defence is not a defence to tortious liability, but a rule of subject-matter jurisdiction. The chapter talks about the law that prescribes the facts that are for th

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Hasnas, John. "Freedom of Speech and the Return of the Invisible Gorilla." In Common Law Liberalism. Oxford University PressNew York, NY, 2024. http://dx.doi.org/10.1093/9780197784631.003.0006.

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Abstract The realm of speech protected by the First Amendment is perennially contentious. This contention arises from the mistaken view that speech must either be unregulated or regulated by the state. This overlooks the regulation of speech that comes from common law civil liability. In a liberal society, the desideratum is not free speech, but free and responsible speech. The common law links freedom to responsibility. This chapter demonstrates how, in the absence of the political regulation of speech, common law regulation—defamation, negligence, misrepresentation, tortious interference, et

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Collins, Lawrence. "Interaction between Contract and Tort in the Conflict of Laws." In Essays in International Litigation and the Conflict of Laws. Oxford University PressOxford, 1996. http://dx.doi.org/10.1093/oso/9780198265665.003.0009.

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Abstract This article originated as a thesis at Columbia University Law School under the supervision of Professor Maurice Rosenberg. The relationship between contract and tort in international transactions remains a matter of considerable difficulty, particularly in the field of employment law, which is dealt with in Chapter XI. The distinction between contractual and tortious claims may make a vital difference in cases covered by the Brussels and Lugano Conventions on jurisdiction and the enforcement of judgments, since the jurisdictional rules for contract in Article 5(1) and for tort in Art

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Fairgrieve, Duncan, and Richard Goldberg. "The Producer’s Liability in Negligence." In Product Liability. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199679232.003.0017.

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Although the provisions of Pt I of the Consumer Protection Act 1987 imposing strict liability for damage caused by defective products are the primary source of tortious liability in the area covered by this work, they are by no means the sole such source. This is principally because of the limitations which have been placed on the scope of the Act. These affect such issues as the persons who are potentially subject to liability, the types of damage or loss covered, and in particular the exclusion of damage to commercial property, the incidence of limitation periods, and the fact that the Act d

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Milojević, Marija. "Teorijski aspekt štete prouzrokovane krivičnim delom." In XXI vek - vek usluga i uslužnog prava : knj.11. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/xxiv-11.461m.

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In this paper, the author theoretically deals with traditional notions of civil law in a new light, from the aspect of criminal substantive and procedural law. The notion of damage caused by a criminal offense is only "the other side of the same coin", one type of damage. In this case, the same act of the crime causes two consequences, or rather one negative change in the real world, due to which the legal system activates two reaction mechanisms - criminal and civil. On the one hand, there is the emergence of a criminal act that triggers the mechanism of protection of private, state and socia

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Witting, Christian. "1. Overview of Tort Law." In Street on Torts. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198700944.003.0001.

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Witting, Christian. "1. Overview of tort law." In Street on Torts. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198865506.003.0001.

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This chapter provides an overview of tort law. It explains that tort law is a branch of the law of obligations which imposes liability for the breach of norms of conduct based on the type of interest at stake and/or the degree of fault present in the defendant. It provides a brief history of tort law. It then moves on to discuss the rights and interests protected by tort law. The chapter considers also theoretical perspectives on tort law. These concern such things as the bases of tortious liability and the issue of whether tort law should serve individual (eg, corrective justice) or social (e

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Abraham, Haim. "Defining Rights, Wrongs, and Duties." In Tort Liability in Warfare. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191997051.003.0002.

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Abstract Three preconditions must be met to advance the claim that civilians could and should have a right in tort law to compensation for wrongs they sustain during battle, through the injuring state’s domestic courts. The three preconditions are that there are rights during war; that there is a standard according to which mere harms are distinguishable from wrongs, which I refer to as ‘belligerent wrongs’; and that there is a duty to correct these wrongs. This chapter shows that private law rights exist, and remain relevant, during war. Moreover, the way to distinguish between harms for whic

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