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1 results

  • 8 - State Liability

  • John Bell, University of Cambridge, François Lichère, Université Lyon III
  • Book:
    Contemporary French Administrative Law
    Published online:
    24 February 2022
    Print publication:
    03 March 2022, pp 233-269
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  • Summary

    French state liability is based on different rules and principles from French private law. There are two broad areas of liability: fault and no-fault. Fault liability is based principally on faute de service, the direct fault of the public service, not vicarious liability for the acts of state employees. Fault involves a failure to fulfil a mission, rather than moral culpability. It includes unlawful acts. No-fault liability includes liability for exceptional risks, assisting the public service and for bearing exceptional burdens for the public benefit. The chapter concludes by examining the way state liability is limited by the interpretation of causation and by the measure of damages. On the whole, categories of recognised harm are very broad.