(1) The State is 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 employee or agent while acting within the scope of his office or employment;

(b) a breach of duty which a person owes to his employee or agent at common law or under any other law by reason of being his employer; and

(c) a breach of the duty at common law or under any other law attached to the ownership, occupation, possession or control of property.

(2) No proceedings shall lie against the State by virtue of paragraph (a) of subsection (1) of this section in respect of an act or omission of an employee or agent of the State unless the act or omission would, apart from this section, have given rise to a cause of action in tort against that employee or his estate.

(3) Where the State is bound by a statutory duty which is binding also upon persons other than the State and its officers, the State shall, in respect of a failure to comply with that duty, be subject to all liabilities in tort to which it would be so subject if the State were a private person of full age and capacity.

(4) Where functions are conferred or imposed on an officer of State as such officer either by a rule of the common law or by statute and that officer commits tort while performing or purporting to perform those functions, the liabilities of the State in respect of the tort shall be what they would have been if the functions had been conferred or imposed solely by virtue of instructions lawfully given by the State.