Private Law and the State

This collection explores the relationship between the state and private law. It does this by addressing four overlapping questions; opening by asking why states recognise and enforce private law obligations and liabilities. It goes on to ask how the state as a legal actor is subject to private law. The third question explored relates to the relationship between private law and public law. Finally, it examines what the role of the public interest is in private law. With the perspective of world-leading commentators, from both academia and the judiciary, this book provides a fascinating assessment of a crucial but complex relationship.>

Préface
A masterful examination, from leading scholars and judges, on the relationship between the state and private law.

Auteur

Andrew Robertson is Professor of Law at the University of Melbourne, Australia.
Jason W Neyers is Professor of Law at Western University, Canada.

Contenu

1. Introduction
   Andrew Robertson and Jason Neyers
2. The State, Obligations, and Interpretative Method
   Andrew Robertson
3. Diceyan Equality: Floor or Ceiling for Public Authority Liability?
   Erika Chamberlain
4. The Liability of Public Authorities for Torts
   James Edelman
5. Hoist by its Own Petard: Can the State be Liable in a Civil Action for Breach of Statutory Duty?
   Neil Foster
6. Wither the State? Challenges to Private and Public Law Created by Contracting out State Functions
   Catharine MacMillan
7. Wrongful Disclosures from Police Investigations and the Citizen-State Relationship
   Nicole Moreham
8. The Right to Resist
   Nick McBride
9. Private Law and Mass Claims: Regulating in the Place of the State
   Suzanne Chiodo
10. Framing Civil Actions for Wrongs as a Spectrum: From Tort Law to Pure Enforcement
    Grigoris Bacharis
11. Remedies and the Public Interest
    Alexander Georgiou and Sandy Steel
12. Explaining State Curbs on Contract Remedies
    Sarah Worthington
13. Public and Private in the Law of Public Nuisance
    Arthur Ripstein
14. Equity and Society: Interests and Techniques
    Yip Man