Sue Arrowsmith


Government liability; State, The; Canada

Document Type



This article considers the question of the capacity in which Crown agents enter into contracts - whether on behalf of the Crown or in an independent capacity - and examines the significance of this for questions such as the application of Crown immunities. It is argued that the courts' attempt to deal with these questions through the recognition of a dual capacity in Crown agents and the application of the private law of agency is highly unsatisfactory, and it is suggested that this area well illustrates the pressing need to reconsider the dual legal status of the administration.

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Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.