Altruism in Private Law Liability for Nonfeasance and Negotiorum Gestio [Hardcover]

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.


PART I: LIABILITY FOR NONFEASANCE
I. INTRODUCTION
II. WHAT IS 'NONFEASANCE'?
III. THEORETICAL JUSTIFICATIONS FOR DISTINGUISHING BETWEEN FEASANCE AND NONFEASANCE
IV. LIABILITY FOR NONFEASANCE IN CONTINENTAL EUROPEAN PRIVATE LAW
V. LIABILITY FOR NONFEASANCE IN ENGLISH PRIVATE LAW
VI. TOWARDS A MORE CONSISTENT APPROACH
PART II: GRANTING A CLAIM TO THE INTERVENER
VII. THE DIFFERENT MEASURES OF RECOVERY AND THEIR TERMINOLOGY
VIII. THEORETICAL ARGUMENTS AGAINST GRANTING A REMEDY TO THE INTERVENER
IX. THEORETICAL ARGUMENTS IN FAVOUR OF GRANTING A REMEDY TO THE INTERVENER
X. THE CONTINENTAL DOCTRINE OF 'NEGOTIORUM GESTIO'
XI. THE POSITION IN ENGLISH LAW
XII. TOWARDS A GENERAL PRINCIPLE: USING THE EXISTING DOCTRINES?
XIII. TOWARDS A NEW GENERAL PRINCIPLE
EPILOGUE

Jeoren Kortmannhas 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.