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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Altruism in Private Law - Liability for Nonfeasance and Negotiorum Gestio (Hardcover)
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Altruism in Private Law - Liability for Nonfeasance and Negotiorum Gestio (Hardcover)
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This book examines two problems in Private law which are posed by
the 'good Samaritan': First, do we have a legal duty to give aid to
our fellow human beings? In particular: can we be held liable for
damages if we fail to do so? Second, if we do come to the rescue,
as the good Samaritan did, will we have any claim for the expenses
that we incurred, or perhaps even for a reward? Kortmann examines
and compares the varied responses of the Roman, French, German, and
English legal systems to these problems, providing the first
comprehensive treatment of English law in relation to 'liability
for nonfeasance' (or 'liability for omissions') and 'negotiorum
gestio' (or 'the doctrine of necessity'). In Part I, Kortmann
examines English law which draws a distinction between action and
inaction, or 'feasance' and 'nonfeasance'. In general, one is not
held liable for failing to act. He explores the theoretical
justifications for drawing this distinction and reveals through a
short comparative survey the fundamentally different approaches
taken in France and Germany, concluding that the English rule of no
liability for nonfeasance requires a reconsideration. In Part II
the English approach to the problem of reimbursement or reward is
examined, detailing its profound differences from the Continental
European approach. In principle, English law does not grant the
necessitous intervener a claim against the beneficiary of his
intervention. Kortamnn examines the theoretical justifications for
assuming this position and again concludes that the law deserves
reconsideration. Finally, Kortmann concludes by demonstrating close
interconnections between the two, traditionally independent issues.
He argues that the law ought not to introduce a general duty to
intervene without at the same time granting the intervener a claim,
at the very least for reimbursement of expenses and compensation of
any loss suffered in the course of the intervention.
General
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