Misfeasance in a Public Office

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Misfeasance in a Public Office by Erika Chamberlain

Author Erika Chamberlain
Publication Date 2016
ISBN 9780779870523
Format Softcover
Publisher Carswell

 

A comprehensive study of the tort of misfeasance in a public office in Canada and other commonwealth jurisdictions.

Misfeasance in a Public Office provides a comprehensive study of the tort of misfeasance in a public office in Canada and other commonwealth jurisdictions. Misfeasance is a unique tort that applies only to public officers, and so exists at the intersection of private and public law.

Since the House of Lords' decision in Three Rivers v. Governor and Company of the Bank of England (No 3) (2001) and the Supreme Court of Canada's decision in Odhavji Estate v. Woodhouse (2003), misfeasance has been pleaded with increasing frequency and in situations covering a wide range of official misconduct. This book provides an organizational framework for the tort and a thorough catalogue of its application in specific cases. It also provides a theoretical foundation that clarifies the underlying purposes of misfeasance in a public office, its relationship to other areas of law, and its present and future role in the modern administrative state.

"Misfeasance in a Public Office is a great introduction to and discussion of the elements of a tort that is not well known and has been developing in the past 15-20 years. The research is backed up with case law references and details, and the writing style is engaging and makes reading a pleasure... Misfeasance in a Public Office is an excellent background read for anyone interested in considering or applying this tort. It covers all of the issues and elements in a very readable format and is required reading for any tort lawyer interested in misfeasance."
— From a book review by Don Kidd, Smith Valeriote Law Firm LLP, appearing in the 2017 Canadian Law Library Review/ Revue canadienne des bibliothèques de droit, Volume/Tome 42, No. 3.

TABLE OF CONTENTS

Preface
Table of Cases
1. Introduction
2. History of The Tort
3. Theoretical Justifications
4. The Primary Elements of The Tort
5. Remedies
6. Relationship to Other Areas of Law
7. Role and Future Directions
Index

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