ABSTRACT

Principle I is the principle that reparation should be ensured for damage caused by an act due to a failure of a public authority to conduct itself in a way which can reasonably be expected from it in law in relation to the injured person. The role of misfeasance in a public office in filling in the gap in legal protection left by the stable part law of tort is thus limited and those limitations have recently been emphasized by the House of Lords refusal to extend it to cases in which there is no damage to any interest previously recognized as deserving of protection. A common approach in assessing the capacity of the law of tort to provide an adequate law of administrative liability is to focus on the kind of cases that tort has the most difficulty dealing with such as that of the licensing authority that acts unlawfully.