Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues

Research output: Contribution to journalJournal articleResearchpeer-review

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Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues. / Ulfbeck, Vibe Garf; Andrecka, Marta.

In: Journal of European Tort Law, Vol. 8, No. 1, 2017, p. 78-99.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

Ulfbeck, VG & Andrecka, M 2017, 'Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues', Journal of European Tort Law, vol. 8, no. 1, pp. 78-99. https://doi.org/10.1515/jetl-2017-0004

APA

Ulfbeck, V. G., & Andrecka, M. (2017). Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues. Journal of European Tort Law, 8(1), 78-99. https://doi.org/10.1515/jetl-2017-0004

Vancouver

Ulfbeck VG, Andrecka M. Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues. Journal of European Tort Law. 2017;8(1):78-99. https://doi.org/10.1515/jetl-2017-0004

Author

Ulfbeck, Vibe Garf ; Andrecka, Marta. / Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues. In: Journal of European Tort Law. 2017 ; Vol. 8, No. 1. pp. 78-99.

Bibtex

@article{3b7b0e37271d4e51835a0c09f81b6698,
title = "Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues",
abstract = "The article discusses liability issues related to the contracting out ofwelfare services. It focuses on the possible liability of the private actor and of thepublic entity towards the individual (the citizen) for non- performance or malperformanceof the welfare service. It is argued that since there is no contractbetween the individual and the private service provider there may be severalobstacles to a claim against the private service provider based on contract. At thesame time it is a general tort law principle that there is no vicarious liability forindependent contractors, making it difficult also to succeed with a claim againstthe public entity based on tort law. Thus, a liability gap seems to exist. However,the article demonstrates that there are signs in different jurisdictions that solutionsare being found in case law to this problem allowing to some extent for theimposition of some kind of vicarious liability on the public entity. Four differentmodels are identified. The reasoning behind these models varies but they all havein common that the public law nature of the service that has been outsourcedsomehow plays a role.",
keywords = "The Faculty of Law, welfare services, contracting out, Liability, Legal",
author = "Ulfbeck, {Vibe Garf} and Marta Andrecka",
year = "2017",
doi = "10.1515/jetl-2017-0004",
language = "English",
volume = "8",
pages = "78--99",
journal = "Journal of European Tort Law",
issn = "1868-9612",
publisher = "Walterde Gruyter GmbH",
number = "1",

}

RIS

TY - JOUR

T1 - Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues

AU - Ulfbeck, Vibe Garf

AU - Andrecka, Marta

PY - 2017

Y1 - 2017

N2 - The article discusses liability issues related to the contracting out ofwelfare services. It focuses on the possible liability of the private actor and of thepublic entity towards the individual (the citizen) for non- performance or malperformanceof the welfare service. It is argued that since there is no contractbetween the individual and the private service provider there may be severalobstacles to a claim against the private service provider based on contract. At thesame time it is a general tort law principle that there is no vicarious liability forindependent contractors, making it difficult also to succeed with a claim againstthe public entity based on tort law. Thus, a liability gap seems to exist. However,the article demonstrates that there are signs in different jurisdictions that solutionsare being found in case law to this problem allowing to some extent for theimposition of some kind of vicarious liability on the public entity. Four differentmodels are identified. The reasoning behind these models varies but they all havein common that the public law nature of the service that has been outsourcedsomehow plays a role.

AB - The article discusses liability issues related to the contracting out ofwelfare services. It focuses on the possible liability of the private actor and of thepublic entity towards the individual (the citizen) for non- performance or malperformanceof the welfare service. It is argued that since there is no contractbetween the individual and the private service provider there may be severalobstacles to a claim against the private service provider based on contract. At thesame time it is a general tort law principle that there is no vicarious liability forindependent contractors, making it difficult also to succeed with a claim againstthe public entity based on tort law. Thus, a liability gap seems to exist. However,the article demonstrates that there are signs in different jurisdictions that solutionsare being found in case law to this problem allowing to some extent for theimposition of some kind of vicarious liability on the public entity. Four differentmodels are identified. The reasoning behind these models varies but they all havein common that the public law nature of the service that has been outsourcedsomehow plays a role.

KW - The Faculty of Law

KW - welfare services

KW - contracting out

KW - Liability, Legal

U2 - 10.1515/jetl-2017-0004

DO - 10.1515/jetl-2017-0004

M3 - Journal article

VL - 8

SP - 78

EP - 99

JO - Journal of European Tort Law

JF - Journal of European Tort Law

SN - 1868-9612

IS - 1

ER -

ID: 174661748