ERA

Download the full-sized PDF of Public Power and Private Obligation: An Analysis of the Government ContractDownload the full-sized PDF

Analytics

Share

Permanent link (DOI): https://doi.org/10.7939/R3DF6KD6N

Download

Export to: EndNote  |  Zotero  |  Mendeley

Communities

This file is in the following communities:

Law, Faculty of

Collections

This file is in the following collections:

Journal Articles (Law)

Public Power and Private Obligation: An Analysis of the Government Contract Open Access

Descriptions

Author or creator
O'Byrne , Shannon
Additional contributors
Subject/Keyword
Government liability -- Analysis
Public contracts -- Interpretation and construction
Canada
Type of item
Journal Article (Published)
Language
english
Place
Time
Description
This paper analyzes contracts made by the Government' in terms of political theory.2 From this perspective, it explores the assumptions, utility, and accuracy of the private law model which historically has governed the Government's liability in contract.3 The paper's overarching objective is to question the propriety of applying private law principles to a public entity, particularly within the context of liberal democratic values to which both the Canadian State and society are pledged.4 In accord with McAuslan, it regards theoretical inquiry as significant.5 It asserts that if the current model of State liability collides with fundamental Canadian political constructs, or falls into descriptive inaccuracy, or generates false conclusions, the model ought to be replaced with a more competent one.
Date created
1992
DOI
doi:10.7939/R3DF6KD6N
License information
Rights
© 1992 Shannon O'Byrne. This version of this article is open access and can be downloaded and shared. The original author(s) and source must be cited.
Citation for previous publication
O'Byrne, S., (1992). Public Power and Private Obligation: An Analysis of the Government Contract. Dalhousie Law Journal, 14(3), 485-525.
Source
Link to related item

File Details

Date Uploaded
Date Modified
Audit Status
Audits have not yet been run on this file.
Characterization
File format: pdf (Portable Document Format)
Mime type: application/pdf
File size: 2582578
Last modified: 2016:11:08 17:12:47-07:00
Filename: DLJ_14_3_1992_485.pdf
Original checksum: 0966851b8a2644f01b36899c1af4272d
Well formed: false
Valid: false
Status message: Invalid page dictionary object offset=2836
Activity of users you follow
User Activity Date