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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.
This book investigates the legal obligations and rights of the 'Good Samaritan' within private law, specifically focusing on liability for nonfeasance and the mechanisms of negotiorum gestio. Jeroen Kortmann, a scholar of private law, analyzes the tension between moral imperatives to assist others and the legal frameworks that govern such interventions. By synthesizing historical and contemporary legal doctrines, the author evaluates whether legal systems should mandate assistance and how they should compensate those who act to protect the interests of others.
What You Will Find
Legal scholars and practitioners recognize this work as a rigorous comparative study of private law obligations. Readers frequently note the academic density of the prose and the depth of the historical research provided by the author.
Page Count:
202
Publication Date:
2005-04-28
Publisher:
Oxford University Press
ISBN-10:
0199280053
ISBN-13:
9780199280056
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