Jeroen Kortmann
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199280056
- eISBN:
- 9780191700101
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280056.003.0011
- Subject:
- Law, Law of Obligations
This chapter contains an introductory account of the position in English law. English Law in principle denies the intervener a claim, be it for reward or for mere reimbursement of his expenses. Yet, ...
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This chapter contains an introductory account of the position in English law. English Law in principle denies the intervener a claim, be it for reward or for mere reimbursement of his expenses. Yet, as with the rule of no liability for nonfeasance, it proves surprisingly difficult to find any authority for this supposed principle. While there seems to be no authority for the supposed principle of denying voluntary interveners a claim, English law does not appear to contain a general principle that does grant interveners a claim. And whilst most of the English doctrines discussed in this chapter merely allow claims for reimbursement of expenses and/or compensation of loss, the salvage cases form an obvious exception, as well as some cases in equity, where trustees were on occasion remunerated for services voluntarily rendered.Less
This chapter contains an introductory account of the position in English law. English Law in principle denies the intervener a claim, be it for reward or for mere reimbursement of his expenses. Yet, as with the rule of no liability for nonfeasance, it proves surprisingly difficult to find any authority for this supposed principle. While there seems to be no authority for the supposed principle of denying voluntary interveners a claim, English law does not appear to contain a general principle that does grant interveners a claim. And whilst most of the English doctrines discussed in this chapter merely allow claims for reimbursement of expenses and/or compensation of loss, the salvage cases form an obvious exception, as well as some cases in equity, where trustees were on occasion remunerated for services voluntarily rendered.
Philip Sutherland
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780748624256
- eISBN:
- 9780748651429
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748624256.003.0008
- Subject:
- Law, Company and Commercial Law
This chapter examines third-party contracts in contract law in Scotland and South Africa. It investigates why the law should allow third-party contracts to be enforced, and when and how a third party ...
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This chapter examines third-party contracts in contract law in Scotland and South Africa. It investigates why the law should allow third-party contracts to be enforced, and when and how a third party should acquire right or benefit from contract between others. The findings reveal that the South African stipulatio alteri is not a third-party contract at all and that while Scots law has a true third-party contract, it has been plagued by the delivery requirement. This chapter argues that both mixed legal systems require legislative reform in the English style but without some of the odd rules that are the legacy of the English doctrine of privity of contract.Less
This chapter examines third-party contracts in contract law in Scotland and South Africa. It investigates why the law should allow third-party contracts to be enforced, and when and how a third party should acquire right or benefit from contract between others. The findings reveal that the South African stipulatio alteri is not a third-party contract at all and that while Scots law has a true third-party contract, it has been plagued by the delivery requirement. This chapter argues that both mixed legal systems require legislative reform in the English style but without some of the odd rules that are the legacy of the English doctrine of privity of contract.
