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

• Author(s) / Creator(s)

  • O'Byrne , Shannon

• 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

• Subjects / Keywords

  • Canada
  • Public contracts--Interpretation and construction
  • Government liability--Analysis

• Type of Item

  Article (Published)

• DOI

  https://doi.org/10.7939/R3DF6KD6N

• License

  © 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.