Beyond Illegality: Liability For Fault in English and French Law
This chapter is a comparative study on the significant aspects of English and French law with regard to fault-based liability. A discussion on the English law addresses the conditions of breach of duty, especially the contributions of negligence in statutory functions and their effect of obtaining redress for loss caused by public authorities, and examines other torts applicable to other authorities that are relevant to this context, particularly the breach of Community law. On a similar note, a scrutiny of the French administrative law explores the administrative activities (faits matériels or agissements), investigating the French court criteria for faults (faute de service) and the requirements for faute lourde, and discerning the impact of procedural traditions within an administration characterized by its illegal-fault parity.
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