What Are We to Do with the Public Law of Torts?
New Zealand Journal of Public and International Law, Vol. 7, 2009
14 Pages Posted: 4 Nov 2010 Last revised: 8 Apr 2015
Date Written: November 3, 2010
This short article uses the occasion of the publication Tom Cornford’s book Towards a Public Law of Torts to examine current debates in the commonwealth about government liability. While I agrees with the author’s premise that there needs to be greater sophistication in debates over the compensation for injuries caused through the exercise or failure to exercise public powers, but he argues that the case cannot be made out for the expansion of tort law. I argue that if the lessons of the twentieth century was that tort law is not a good compensator for personal injury it is unlikely to be a successful mechanism for compensating public harms.
Keywords: Government Liability, Torts, Compensation, Human Rights
Suggested Citation: Suggested Citation