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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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Conclusion

Conclusion

Chapter:
(p.261) 9 Conclusion
Source:
State Liability in Tort
Author(s):

Duncan Fairgrieve

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199258055.003.0009

This chapter reviews the differences in the systems of substantive English and French governmental law in liability in terms of the approach, philosophy, and procedural factors, and similarities in the division between personal and state liability, concepts, approach, system of reparation, outcomes, and reasonable limitations of liability that make the two jurisdictions less divergent than they may at first seem. They also have parallels in the evolution of liability and the gradual liberalising of the substantive law. French law might learn from English law, as English law might learn from French law, to cope with the limitations of each system and to provide reference for progress and significant improvement.

Keywords:   state liability, liability, governmental law, substantive law, French law, English law

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