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Record W1542585521

Simplifying Canadian Negligence Actions Against Public Authorities – Or Maybe Not

2012· article· en· W1542585521 on OpenAlexaffabout
Bruce Feldthusen

Bibliographic record

VenueSSRN Electronic Journal · 2012
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsPrima facieDutyDuty of carePlaintiffRes ipsa loquiturStatutory lawLawPolitical scienceAction (physics)BusinessLaw and economicsTortEconomicsLiability
DOInot available

Abstract

fetched live from OpenAlex

Many lawyers and judges believe that despite the unique statutory origins of public authorities, they should be held liable in negligence exactly like any private party. This article suggests that public authority negligence law could be remarkably simplified without any adverse consequences by adopting precisely such a test for recognizing a duty of care- recognizing a prima facie duty of care whenever a duty would lie in private party negligence in the same or meaningfully analogous situations. The more challenging case is the one in which the plaintiff seeks to establish a unique duty of care owed by a public authority on grounds that would not support a cause of action against a private defendant. The article suggests that it is time to acknowledge that such cases do exist, and time to justify them, if they can be justified, as unique efforts to expand judicial control of governments and public authorities. Proximity as we know it provides no such justification.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.013
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Commentary · Consensus signal: none
Teacher disagreement score0.280
Threshold uncertainty score0.563

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.013
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0080.010
Scholarly communication0.0060.003
Open science0.0020.005
Research integrity0.0040.006
Insufficient payload (model declined to judge)0.0060.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.096
GPT teacher head0.356
Teacher spread0.260 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreCommentary

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2012
Admission routes2
Has abstractyes

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