Misfeasance in a Public Office by Erika Chamberlain


Misfeasance in a Public Office by Erika Chamberlain

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

A detailed examination of the tort of misfeasance in public office in Canada and other Commonwealth countries.

Misfeasance in a Public Office is a thorough examination of the tort of misfeasance in a public office in Canada and other Commonwealth countries. Misfeasance is a one-of-a-kind tort that only applies to public officials and hence occurs at the crossroads of private and public law.

Misfeasance has been pleaded with increasing frequency and in situations covering a wide range of official misconduct 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). This book gives an organisational structure for the tort as well as a comprehensive list of its applications in various situations. It also provides a theoretical framework for misfeasance in public office, its relationship to other fields of law, and its current and future function 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 of Misfeasance in a Public Office

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

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