Private Law and the State

This collection explores the relationship between the state and private law. It does this by addressing four overlapping questions; opening 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 what the role of the public interest is in private law. With the perspective of world-leading commentators, from both academia and the judiciary, this book provides a fascinating assessment of a crucial but complex relationship.>

List of 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

About the author

Andrew Robertson is Professor of Law at the University of Melbourne.Jason W Neyers, BA, LLB, MST, is a Professor of Law at Western University.

Product details

• Authors: Jason W Neyers, Andrew Robertson
• Assisted by: Jason W Neyers (Editor), Andrew Robertson (Editor)
• Publisher: Hart Publishing
• Languages: English
• Product format: Hardback
• Released: 28.11.2024
• EAN: 9781509977642
• ISBN: 978-1-5099-7764-2
• No. of pages: 336
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Constitutional, LAW / Civil Law, LAW / Torts, LAW / Estates & Trusts, LAW / Contracts, contract law, EU (European Union), Private or civil law: general, Constitutional & administrative law, Constitutional and administrative law: general, Equity & Trusts, Private / Civil law: general works, private law; public law, Law: equity and trusts, foundations, Law of torts, damages and compensation, Torts / Delicts