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Approximately 240 pages
1 volume bound

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Misfeasance in a Public Office
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A comprehensive study of the tort of misfeasance in a public office in Canada and other Commonwealth jurisdictions.

Misfeasance in a Public Office provides a comprehensive study of the tort of misfeasance in a public office in Canada and other Commonwealth jurisdictions. Misfeasance is a unique tort in that it applies only to public officers, and so exists at the intersection of private and public law. Since the House of Lords' decision in Three Rivers v. Governor and Company of the Bank of England (No 3) (2001) and the Supreme Court of Canada's decision inOdhavji Estate v. Woodhouse (2003), misfeasance has been pleaded with increasing frequency and in situations covering a wide range of official misconduct. This book provides an organizational framework for the tort and a thorough catalogue of its application in specific cases. It also provides a theoretical foundation that clarifies the underlying purposes of misfeasance in a public office, its relationship to other areas of law, and its present and future role in the modern administrative state.

"Misfeasance in a Public Office is a great introduction to and discussion of the elements of a tort that is not well known and has been developing in the past 15-20 years. The research is backed up with case law references and details, and the writing style is engaging and makes reading a pleasure... Misfeasance in a Public Office is an excellent background read for anyone interested in considering or applying this tort. It covers all of the issues and elements in a very readable format and is required reading for any tort lawyer interested in misfeasance."

From a book review by Don Kidd, Smith Valeriote Law Firm LLP, appearing in the 2017 Canadian Law Library Review/Revue canadienne des bibliothèques de droit, Volume/Tome 42, No. 3.

About the Author

Erika Chamberlain (LL.B. (Dist.) Western 2001; Ph.D. Cambridge 2009) is Professor and Dean in the Faculty of Law at Western University. Prior to her appointment, she served as clerk to Mr. Justice Major at the Supreme Court of Canada and was called to the Ontario Bar in 2002. Her teaching and research focus on tort law, equity, and impaired driving law. She has published in leading legal and public health journals, was co-editor of Emerging Issues in Tort Law (2007) and Tort Law: Challenging Orthodoxy, and co-author of The Law of Torts in Canada, 3rd Edition (2010). Dr. Chamberlain was named Professor of the Year by Western Law's Student Legal Society in 2009-2010 and 2012-2013.

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