What Are We to Do with the Public Law of Torts?

New Zealand Journal of Public and International Law, Vol. 7, 2009

Victoria University of Wellington Legal Research Paper No. 16/2012

14 Pages Posted: 4 Nov 2010 Last revised: 8 Apr 2015

See all articles by Geoff McLay

Geoff McLay

Victoria University of Wellington - Law Faculty

Date Written: November 3, 2010

Abstract

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

McLay, Geoff, What Are We to Do with the Public Law of Torts? (November 3, 2010). New Zealand Journal of Public and International Law, Vol. 7, 2009, Victoria University of Wellington Legal Research Paper No. 16/2012, Available at SSRN: https://ssrn.com/abstract=1702683 or http://dx.doi.org/10.2139/ssrn.1702683

Geoff McLay (Contact Author)

Victoria University of Wellington - Law Faculty ( email )

PO Box 600
Wellington 6140
New Zealand
64 4 4636320 (Phone)

HOME PAGE: http://www.victoria.ac.nz/law/staff/Academic%20Staff/AssocProfs/McLayG/index.aspx

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