Section 2: Liability of State in tort
consolidated text (as at 1991). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
2. Liability of State in tort
(1) Subject to this Act, the State shall be subject to all those liabilities in
tort to which, if it were a private person of full age and capacity, it would be
subject in respect of—
(a) torts committed by its employees or agents;
(b) a breach of those duties which, in law, a person owes to his
employees or agents by reason of being their employer; and
(c) a breach of duties attaching, under the law, to the ownership,
occupation, possession or control of property.
(1A) No proceedings shall lie against the State under subsection (1) (a) in
respect of an act or omission of an employee or agent of the State, unless
the act or omission would, apart from this Act, have given rise to a cause of
action in tort against that employee or agent or his estate.
(2) Where the State has a statutory duty which is binding also upon persons, other than the State and its officers, the State shall, subject to this
Act, in respect of a failure to comply with that duty, be subject to any liability in tort to which it would be so subject if it were a private person of full
age and capacity.
[Issue 1] S36 – 2
Revised Laws of Mauritius
(3) Where any functions are by law conferred or imposed upon an officer
as such, and that officer commits a tort while performing or purporting to
perform those functions, the liability of the State in respect of the tort shall
be such as it would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the State.
(4) Any enactment which negatives or limits the extent of the liability of
an officer of the State in respect of any tort committed by that officer shall,
in the case of proceedings against the State under this section in respect of
a tort committed by that officer, apply in relation to the State as it would
have applied in relation to that officer if the proceedings against the State
had been proceedings against that officer.
(5) No proceedings shall lie against the State by virtue of this section in
respect of anything done, or omitted to be done, by a person while discharging or purporting to discharge responsibilities of a judicial nature vested in
him, or responsibilities which he has in connection with the execution of judicial process.
[S. 2 amended by Act 48 of 1991.]