Damages and Restitution

Abstract

Abstract The focus in the final chapter shifts to damages and restitution. The salient issue for administrative lawyers is the extent to which the causes of action were adapted by reason of the fact that the defendant was a public body. The chapter begins with a brief overview of the main causes of action. Discussion thereafter focuses on four different ways in which they were adapted by the courts and legislature. The cause of action could be limited through grant of immunity in relation to particular public bodies. It could be shaped at creation because the principal defendants were public bodies. The causes of action that were prima facie general could be modified in their operation when applied to public bodies. The cause of action could be developed by and through its application to public bodies. The chapter concludes with reflections on continuity and change in the 20th to 21st centuries.