Product Description
Government Liability: South Africa and the Commonwealth (eBook)
Authors: C Okpaluba, P Osode
Format: Digital
This work analyses in comparative terms the law of government liability and bureaucratic negligence in South Africa, England, Australia, Canada, and New Zealand, drawing extensively upon case law from these courts. The authors examine the impact of the Constitution on developments in the common law of public authority liability and government vicarious liability in South Africa, and link these developments to the changes that have taken place in Canada and England.
The study also provides a comparative analysis of the correlation between fraud, bad faith and misfeasance in public office as grounds upon which damages can be awarded when constitutional and administrative justice rights are breached by public functionaries.
Key Benefits
The first text to analyse in comparative terms the law of bureaucratic negligence in England, Australia, Canada, New Zealand & South Africa.
Commonwealth sources are extensively drawn upon (Canada, United Kingdom, Australia and New Zealand)
An exposition of the impact of the Constitution on the development of the common law of public authority liability and governmental vicarious liability in South Africa.
A comparative analysis of the correlation between fraud, bad faith and misfeasance in public office as grounds upon which damages could be awarded in breaches of constitutional and administrative justice rights.
A systematic investigation into the century-old question of holding the employer, in this instance, the public employer, vicariously liable for the illegal acts of its servants.
The first text to tackle the problematic issue of quantum of damages in public law.
Contents:
-
Part One: Constitutional Dimensions of Government Liability
-
Constitutional and Juridical Basis for the Revolutionary Trend
-
The Constitutional Cause of Action
-
Statutory Cause of Action
-
Part Two: Liability at Common Law
-
Bureaucratic Negligence
-
Negligent Performance of Statutory Duty
-
Deliberate and Dishonest Conduct
-
Causation, Damage and Contributory Fault
-
Part Three: Limits of Public Authority Liability
-
Police Investigative Duties and Public Interest Immunity
-
Police Investigative Duties: The Canadian Approach
-
Common-Law Immunities
-
Statutory Limitations
-
Part Four: Government Vicarious Liability
-
The Common Law of Vicarious Liability
-
Scope And Course of Employment
-
Contemporary Comparative Developments
-
Part Five: The Problem of Quantum
-
Contemporary Perspectives on Public Law Damages
-
Constitutional Damages
-
England, Australia and New Zealand
-
Punitive Damages and Other Awards: Canada
-
Delictual Damages: South Africa
For custom orders and quotes: shop@schoolspace.co.za
© 2026 Schoolspace. This product description is the exclusive intellectual property of the publisher, protected under copyright law. Unauthorized use, adaption, or copying is strictly prohibited.
