State Accountability: Navigating Liability in Tort and Contract - An Analysis

The main aim of this article is to assess the state liability for tort and contract under administrative law. Before 1947, in England as well as in India, the king could not be sued for tort in his own court. State liability for tort addresses wrongful acts done by public authorities; compensate individuals for breaches of public law obligations, negligence, strict liability or statutory breach. State has many wealth and resources at its disposal, the state contracts have become very important. State liability for contract arises from the state’s involvement in agreements, just like any private individuals or organization. The article discusses the challenges such as claims of immunity, balancing public interest and the court role in ensuring fairness. It also looks at new developments, like how human rights laws and global trends are shaping accountability. By exploring these issues, the article highlights the importance of holding the state responsible to promote justice and trust in government actions.

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Publication Details

Journal
Journal of Law and Legal Research Development.
Published
2025-04-01
DOI
https://doi.org/10.69662/jllrd.v2i2.34
Primary Topic
Law, Economics, and Judicial Systems
Type
article
Field-Weighted Citation Impact
0.00
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article

State Accountability: Navigating Liability in Tort and Contract - An Analysis

H Elavarasan
Journal of Law and Legal Research Development.
Law, Economics, and Judicial Systems
article

State Accountability: Navigating Liability in Tort and Contract - An Analysis

H Elavarasan
article en

Abstract

The main aim of this article is to assess the state liability for tort and contract under administrative law. Before 1947, in England as well as in India, the king could not be sued for tort in his own court. State liability for tort addresses wrongful acts done by public authorities; compensate individuals for breaches of public law obligations, negligence, strict liability or statutory breach. State has many wealth and resources at its disposal, the state contracts have become very important. State liability for contract arises from the state’s involvement in agreements, just like any private individuals or organization. The article discusses the challenges such as claims of immunity, balancing public interest and the court role in ensuring fairness. It also looks at new developments, like how human rights laws and global trends are shaping accountability. By exploring these issues, the article highlights the importance of holding the state responsible to promote justice and trust in government actions.

Journal of Law and Legal Research Development.
Government of Tamil Nadu (IN)
Openalex Percentile: Top 91%
Law, Economics, and Judicial Systems
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