How to Find Sources of Liability in Tort Against Public Officials (Australia)
Consider the possible sources of tort applicable in the case before you., Consider the actions of the public servant in the situation before you., Be aware of the impact of vicarious liability.
Step-by-Step Guide
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Step 1: Consider the possible sources of tort applicable in the case before you.
There are a number of torts that might apply in the situation before you:
Breach of statutory duty
- a clear and obvious breach of a duty that the public officer should fulfill in a certain way under relevant legislation Misfeasance in public office
- malicious action beyond power that the public servant knew would harm the plaintiffAction for negligence for pure economic loss suffered as a result of public officers failing to take reasonable care in ascertaining the limits of their powers Negligent misstatements and resulting pure economic loss Negligent action causing physical damage to a person or property and consequential economic loss -
Step 2: Consider the actions of the public servant in the situation before you.
More than one of these sources of liability might be applicable depending on the action and the consequences that have arisen. , Public servants wouldn't be so keen on working if they felt they were going to get personally sued every day they went to work.
As a result, despite the fact that common law does permit an employer to be indemnified against the acts of an employee, there are numerous statutory and industrial award abrogations of this common law effect.
As such, you will need to check the legislative and industrial award provisions relevant to the situation.
If the matter involves highly placed senior public servants, look for specific clauses or sections that provide them with additional protection under the legislation against being sued for certain actions. -
Step 3: Be aware of the impact of vicarious liability.
Detailed Guide
There are a number of torts that might apply in the situation before you:
Breach of statutory duty
- a clear and obvious breach of a duty that the public officer should fulfill in a certain way under relevant legislation Misfeasance in public office
- malicious action beyond power that the public servant knew would harm the plaintiffAction for negligence for pure economic loss suffered as a result of public officers failing to take reasonable care in ascertaining the limits of their powers Negligent misstatements and resulting pure economic loss Negligent action causing physical damage to a person or property and consequential economic loss
More than one of these sources of liability might be applicable depending on the action and the consequences that have arisen. , Public servants wouldn't be so keen on working if they felt they were going to get personally sued every day they went to work.
As a result, despite the fact that common law does permit an employer to be indemnified against the acts of an employee, there are numerous statutory and industrial award abrogations of this common law effect.
As such, you will need to check the legislative and industrial award provisions relevant to the situation.
If the matter involves highly placed senior public servants, look for specific clauses or sections that provide them with additional protection under the legislation against being sued for certain actions.
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