2005, ISBN: 0199280053

[EAN: 9780199280056], Neubuch, [PU: Oxford University Press, Oxford], Hardcover. This book examines two problems in Private law which are posed by the 'good Samaritan': First, do we have … Plus…

[EAN: 9780199280056], Neubuch, [PU: Oxford University Press, Oxford], Hardcover. 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, andEnglish 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 areconsideration.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 timegranting the intervener a claim, at the very least for reimbursement of expenses and compensation of any loss suffered in the course of the intervention. Examines two problems in Private law which are posed by the 'Good Samaritan'. This work examines and compares the varied responses of the Roman, French, German, and English legal systems to these problems. This item is printed on demand. Shipping may be from multiple locations in the US or from the UK, depending on stock availability., Books<

2005, ISBN: 0199280053

[EAN: 9780199280056], Neubuch, [PU: Oxford University Press, Oxford], Hardcover. This book examines two problems in Private law which are posed by the 'good Samaritan': First, do we have … Plus…

[EAN: 9780199280056], Neubuch, [PU: Oxford University Press, Oxford], Hardcover. 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, andEnglish 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 areconsideration.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 timegranting the intervener a claim, at the very least for reimbursement of expenses and compensation of any loss suffered in the course of the intervention. Examines two problems in Private law which are posed by the 'Good Samaritan'. This work examines and compares the varied responses of the Roman, French, German, and English legal systems to these problems. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability., Books<

ISBN: 9780199280056

hardback, [PU: Oxford University Press]