Tort and public law: overlapping categories?
Examines the extent to which an overlap exists between the legal categories of public law and tort. Considers how the tortious doctrines of misfeasance in public office and exemplary damages for oppressive, arbitrary or unconstitutional actions by servants of the Government may fall within public la...
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Format: | Journal article |
Language: | English |
Published: |
Sweet and Maxwell
2019
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Summary: | Examines the extent to which an overlap exists between the legal categories of public law and tort. Considers how the tortious doctrines of misfeasance in public office and exemplary damages for oppressive, arbitrary or unconstitutional actions by servants of the Government may fall within public law, and whether the same is true for the tort of malicious prosecution. Discusses the implications of treating the doctrines as part of public law. |
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