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State Liability in TortA Comparative Law Study$
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Duncan Fairgrieve

Print publication date: 2003

Print ISBN-13: 9780199258055

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199258055.001.0001

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Damage and Compensation

Damage and Compensation

(p.189) 7 Damage and Compensation
State Liability in Tort

Duncan Fairgrieve

Oxford University Press

This chapter aims to provide accounts of the most significant similarities and differences of legal rules on the issues of damages caused by administrative wrongdoings (economic loss, loss of a chance, moral damages, damages for injury to the person, death and damages liability, and property damages) in English and French laws. Though French law holds a wider jurisdiction than English law, it is flawed — liberalism in their system is sometimes more apparent than real — with restrictions and control mechanisms at play, such as rare findings of requisite entry and careful causation examinations. The French judiciary takes into consideration influential policies regarding types of recoverable loss and the quantification of damages. The measurement of damages for personal injury and dependency loss in particular are seemingly unfavourable in the French system.

Keywords:   damages, administrative wrongdoings, French law, English law, liberalism, control mechanisms, recoverable loss

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