Private Law and the State

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Professor Andrew Robertson (University of Melbourne, Australia) Jason W Neyers (Western University, Canada)

Private Law and the State

Professor Andrew Robertson (University of Melbourne, Australia), Jason W Neyers (Western University, Canada)

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English

Hart Publishing
28 November 2024

Private & Civil law: general works; Contract law; Constitutional & administrative law; Equity & trusts; Torts Law

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.

Edited by: Professor Andrew Robertson (University of Melbourne Australia), Jason W Neyers (Western University, Canada)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 658g
ISBN: 9781509977642
ISBN 10: 1509977643
Pages: 336
Publication Date: 28 November 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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

Andrew Robertson is Professor of Law at the University of Melbourne, Australia. Jason W Neyers is Professor of Law at Western University, Canada.