The law of negligence as it relates to public authorities that fail to exercise statutory powers to prevent harm is complex and important. In Australia, these authorities and public officials administer an immense volume of legislation which influences the behaviour of private individuals and corporations. Questions of difficulty arise where a plaintiff contends that a public authority owes a duty of care to him or her for the purposes of the law of negligence. This article describes whether and when a common law duty of care can be owed for failing to excercise statutory power.
Other papers by Scott Wotherspoon
Constructive Trusts in a Commercial Setting
Directors' Joint Obligations of Care and Diligence
Property By Any Other Name: The Trouble with Shareholder Claims in Australia
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