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2 results

  • 8 - State Liability

  • John Bell, University of Cambridge, François Lichère, Université Lyon III
  • Book:
    Contemporary French Administrative Law
    Published online:
    24 February 2022
    Print publication:
    03 March 2022, pp 233-269
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  • Summary

    French state liability is based on different rules and principles from French private law. There are two broad areas of liability: fault and no-fault. Fault liability is based principally on faute de service, the direct fault of the public service, not vicarious liability for the acts of state employees. Fault involves a failure to fulfil a mission, rather than moral culpability. It includes unlawful acts. No-fault liability includes liability for exceptional risks, assisting the public service and for bearing exceptional burdens for the public benefit. The chapter concludes by examining the way state liability is limited by the interpretation of causation and by the measure of damages. On the whole, categories of recognised harm are very broad.

  • Community insurance versus compulsory insurance: competing paradigms of no-fault accident compensation in New Zealand

  • Simon Connell
  • Journal:
    Legal Studies / Volume 39 / Issue 3 / September 2019
    Published online by Cambridge University Press:
    15 May 2019, pp. 499-516
    Print publication:
    September 2019

  • This paper presents a history of New Zealand's accident compensation scheme as a struggle between two competing normative paradigms that justify the core reform of the replacement of civil actions for victims of personal injury with a comprehensive no-fault scheme. Under ‘community insurance’, the scheme represents the community taking moral and practical responsibility for members who are injured in accidents, while for ‘compulsory insurance’ the scheme is a specific form of compulsory accident insurance. Understanding the history of the scheme in this way helps explain both the persistence of the scheme and important changes made to it by different governments.