Description
Book SynopsisExamines 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.
Trade Review[This] book is to be welcomed as a carefully argued, at times imaginative, contribution to the continuing debate about the future annd shape of the English law of rescue. * Kevin Williams, Modern Law Review *
The author is to be commended for his lucid treatment of both doctrines, and for his subtle and convincing analysis of their interconnectedness * European Tort Law *
This slim, elegantly-argued volume presents a persuasive case for the reconsideration of both liability for nonfeasance and reimbursement for necessitous intervention in English Law
In a clear and elegant style, Kortmann has written a remarkable book in which he has developed a fine, sophisticated theory. It is to be hoped that the English courts will draw inspiration from it. * Professor J.H.A. Lokin, Ars Aequi *
An interesting read, based on considerable research. The account is thoughtful and thought-provoking and challenges the common lawyer to reassess his or her views on the topic of omissions.... Lord Goff in Smith v Littlewoods onceded that the legal treatment of omissions may one day need to be reconsidered. Kortmann eloquently puts the case for such a change. * Paula Giliker, King's College Law Journal *
[This book] certainly constitutes essential reading for any lawyer interested in the nature and effect of altruism in private law. * D.H. Van Zyl, Legal Studies *
Without doubt ... [Kortmann] deserves much praise for a book that is certain to captivate the reader. ... His arguments are well written and ...demonstrate a heartwarming erudition * Professor H.C.F. Schoordijk, Weekblad voor Privaatrecht, Notariaat en Registratie *
Table of ContentsPART 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
