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Lookup NU author(s): Dr Christine Beuermann
This is the authors' accepted manuscript of an article that has been accepted and is due to be published in its final definitive form by LexisNexis Butterworths, 2024.
For re-use rights please refer to the publisher's terms and conditions.
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.
Author(s): Beuermann C
Publication type: Article
Publication status: In Press
Journal: Torts Law Journal
Year: 2024
Pages: forthcoming
Acceptance date: 09/01/2024
Date deposited: 10/01/2024
ISSN (print): 1038-5967
Publisher: LexisNexis Butterworths
