LAWG 100D2 Lecture Notes - Lecture 18: Imperial Brands

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The state as the wrongdoer: can the king do wrong? . The intersection of private law and public law. Perhaps we do want the state to be an actor like any regular citizen in this sense, such that it has a duty to act with care and is liable for injuries it causes by its fault. There are many actors whose actions are in play here. The state has deep pockets. but then again, this is tax-payer money. So if the state is held to compensate its victims, think about where the money is coming from. The state, the courts, and the division of power. There are some classic complaints against the state which incl. Negligence rel. to the conception of the regulation. Two models to think about this situation. Duties and relationships: this model looks at the duties which that state has taken on, and the relationships that it has with the persons to which it owes these duties.

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