Altruism in Private Law
Liability for Nonfeasance and Negotiorum Gestio
ISBN13: 9780199280056ISBN10: 0199280053
Hardback,
226 pages
Apr 2005,
In Stock
Price:
$148.50 (06)Description
This book examines two problems in private law which are posed by the 'Good Samaritan': First, is an intervener under a legal duty to come to the aid of a fellow human being and does he incur any criminal or tortious liability if he fails to do so? Second, having intervened, is an intervener entitled to reimbursement of expenses, remuneration, reward, or compensation for any loss he might have suffered? Does or should the remedy depend on the success of the intervention? The author examines and compares the varied responses of the Roman, French, German, and English legal systems to these problems.Features
- Advocates a reconsideration of the English legal position on both action versus inaction, and on the provision of reward or expenses to those who intervene to help others.
- Comparative in focus, contrasting English and European laws.
- Examination of Roman law provides historical context.
About the Author(s)
Jeoren Kortmann has been a lecturer in Roman Law at The Queen's College, Oxford and is at present Attorney at Law at Stibbe, Amsterdam, and a member of the Amsterdam Bar.
