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Liability of public authorities for failing to confer a benefit in the provision of professional services

Lookup NU author(s): Dr Christine Beuermann

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This is the authors' accepted manuscript of an article that has been published in its final definitive form by LexisNexis Butterworths, 2024.

For re-use rights please refer to the publisher's terms and conditions.


Abstract

This article compares the facts of cases in which public authorities are held liable in negligence for failing to confer a benefit in the provision of professional services to those in which such liability is not imposed. It argues that the general analogy drawn between the private and public provision of professional services can only be maintained in respect of services where the public authority is vested with authority to direct the physical behaviour of the claimant or where the public authority can reject or redirect the need for service provision to another service provider. Significantly, the nature of the damages recoverable from a public authority’s failure to ‘confer a benefit’ when providing the two types of services differs.


Publication metadata

Author(s): Beuermann C

Publication type: Article

Publication status: Published

Journal: Torts Law Journal

Year: 2024

Volume: 29

Issue: 1

Pages: 17-52

Print publication date: 01/04/2024

Acceptance date: 09/01/2024

Date deposited: 10/01/2024

ISSN (print): 1038-5967

Publisher: LexisNexis Butterworths

ePrints DOI: 10.57711/c9pm-3t15


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