Altruism in Private Law by Jeroen Kortmann
Look inside with Google Book Preview
Altruism in Private Law
By Jeroen Kortmann

Altruism in Private Law

Liability for Nonfeasance and Negotiorum Gestio

By (author) See other recent books by Jeroen Kortmann
Format: Hardback

Normal Price: $156.95
Your Price: $141.26 AUD, inc. GST
Shipping: $7.95 per order
You Save: $15.69! (10% off normal price)
Plus...earn $7.06 in Boomerang Bucks
Availability: Available Available to Backorder, No Due Date for Supply

Altruism in Private Law by Jeroen Kortmann

Book Description

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.

Buy Altruism in Private Law book by Jeroen Kortmann from Australia's Online Bookstore, Boomerang Books.

Book Details

ISBN: 9780199280056
ISBN-10: 0199280053
Format: Hardback
(242mm x 162mm x 18mm)
Pages: 228
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 24-Feb-2005
Country of Publication: United Kingdom


» Have you read this book? We'd like to know what you think about it - write a review about Altruism in Private Law book by Jeroen Kortmann and you'll earn 50c in Boomerang Bucks loyalty dollars (you must be a member - it's free to sign up!)

Write a book review

Author Biography - Jeroen Kortmann

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.

Boomerang Bucks close

For every $20 you spend on books, you will receive $1 in Boomerang Bucks loyalty dollars. You can use your Boomerang Bucks as a credit towards a future purchase from Boomerang Books. Note that you must be a Member (free to sign up) and that conditions do apply.

Recent books by Jeroen Kortmann close
» close