KKO 3403/1997
Generato dall'IA
Supreme Court dismisses claim that mayor violated duty of care by exceeding authority in administrative act.
Finlandia (FI)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the complaint alleging the mayor committed a negligent breach of official duty by exceeding his authority. The plaintiff argued the mayor acted improperly, while the defense maintained the act was within the scope of his powers. The court ruled that no negligence occurred because the mayor did not act with the requisite fault in the exercise of his authority.
Regesto Legislator
Generato dall'IARL 40 luku 11 §; The court held that a public official does not commit a negligent breach of official duty merely by exceeding their authority if the act was not performed with the requisite fault.
Parole chiave
Generato dall'IA
negligent breach of official duty
exceeding authority
public official liability
duty of care
administrative act validity
opportunità di una misura
minaccia per la sicurezza pubblica
ragione di polizia
Disposizioni normative citate
Generato dall'IARL 40 luku 11 §
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Testo completo
Kysymys siitä, oliko kunnanjohtaja ylittäessään toimivaltansa syyllistynyt tuottamukselliseen virkavelvollisuuden rikkomiseen.
RL 40 luku 11 §