Abstract

http://ssrn.com/abstract=894328
 


 



The Liability of Public Authorities for the Abuse of Children in Institutional Care: Common Law Developments in Canada and the United Kingdom


Margaret Isabel Hall


Thompson Rivers University - Faculty of Law; University of British Columbia (UBC) - Interdisciplinary Studies Graduate Program


International Journal of Law, Policy and the Family, Vol. 14, pp. 281-301, 2000

Abstract:     
After publication of the report of the Waterhouse Inquiry, Lost in Care, and recent UK and European Court of Human Rights decisions regarding the duty of care in negligence, civil actions brought by former children in care against public authorities are certain to increase in the UK and the law in this area is poised for significant development. Recent Canadian cases applying principles of negligence, vicarious liability, and breach of fiduciary duty in this context suggest directions for the development of this new and uncertain area of law in the UK. Canadian authorities have also implemented variously structured extra-legal compensation schemes as an alternative to compensation sought and received in the courts.

Number of Pages in PDF File: 21

Keywords: tort,negligence, duty of care, vicarious liability, fiduciary duty, institutional abuse, children, public authority liability

JEL Classification: K00, K10, K19, K30, K31, K40, K42, K13

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Date posted: April 4, 2006  

Suggested Citation

Hall, Margaret Isabel, The Liability of Public Authorities for the Abuse of Children in Institutional Care: Common Law Developments in Canada and the United Kingdom. International Journal of Law, Policy and the Family, Vol. 14, pp. 281-301, 2000. Available at SSRN: http://ssrn.com/abstract=894328

Contact Information

Margaret Isabel Hall (Contact Author)
Thompson Rivers University - Faculty of Law ( email )
900 McGill Road
Kamloops, British Columbia
Canada
604 518 3136 (Phone)
University of British Columbia (UBC) - Interdisciplinary Studies Graduate Program ( email )
Green College Green Commons Room 153A
6201 Cecil Green Park Road
Vancouver, British Columbia V6T 1Z1
Canada
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