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Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

Jeroen Kortmann

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280056
eISBN:
9780191700101
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280056.001.0001
Subject:
Law, Law of Obligations

This book examines two problems in private law that 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 ... More


What is Nonfeasance?

Jeroen Kortmann

in Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280056
eISBN:
9780191700101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280056.003.0002
Subject:
Law, Law of Obligations

This chapter explains the term nonfeasance. There are many situations in which it is very difficult to draw any logical distinction between feasance and nonfeasance. Part of the problem is caused by ... More


The Action for Breach of Promise

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0006
Subject:
Law, Legal History

This chapter examines the history of the action for breach of promise in England. It explains that the nonfeasance doctrine under the common law of 1400 prohibited litigants from using assumpsit as a ... More


The Relationship Between Assumpsit and the Older Remedies

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0007
Subject:
Law, Legal History

This chapter examines the historical relationship between assumpsit and the older remedies for debt issues in England. Problems on the scope of legal action concerning debt issues started to arise ... More


The Position in English Law

Jeroen Kortmann

in Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

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, ... More


Theoretical Justifications for Distinguishing between Feasance and Nonfeasance

Jeroen Kortmann

in Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280056
eISBN:
9780191700101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280056.003.0003
Subject:
Law, Law of Obligations

Assuming that it does not recognize a general affirmative duty to act, English law does not encourage members of the public to give aid to those in need of help. Quite the reverse, English law in ... More


Liability for Nonfeasance in Continental European Private Law

Jeroen Kortmann

in Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280056
eISBN:
9780191700101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280056.003.0004
Subject:
Law, Law of Obligations

This chapter contains a brief account of the continental approach towards cases of nonfeasance. After a historical introduction, the focus is on the laws of France and Germany. It should be ... More


Liability for Nonfeasance in English Private Law

Jeroen Kortmann

in Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280056
eISBN:
9780191700101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280056.003.0005
Subject:
Law, Law of Obligations

In this chapter the position in English law on liability for nonfeasance is subjected to a closer analysis. Here, some specific circumstances that may give rise to affirmative duties are assessed and ... More


Towards a More Consistent Approach

Jeroen Kortmann

in Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280056
eISBN:
9780191700101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280056.003.0006
Subject:
Law, Law of Obligations

In this chapter, the legal systems of France, Germany, and England are investigated in an attempt to assess their general approach towards cases of nonfeasance. The results of this investigation show ... More


Assumpsit for Nonfeasance

Sir John Baker

in The Oxford History of the Laws of England: Volume VI 1483–1558

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198258179
eISBN:
9780191681806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258179.003.0049
Subject:
Law, Legal History

This chapter examines the concept and principle of assumpsit for nonfeasance under the law of contract in England during the Tudor period. During this period, assumpsit law was based on the ... More


Negligence Liability

Ernest J. Weinrib

in The Idea of Private Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199665815
eISBN:
9780191748622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665815.003.0006
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter elucidates the immanence of corrective justice in negligence liability. It examines each of the negligence concepts (reasonable care, the duty of care, proximate cause, factual cause, ... More


Legal Analysis

Allan Beever

in Forgotten Justice: Forms of Justice in the History of Legal and Political Theory

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675487
eISBN:
9780191755477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675487.003.0013
Subject:
Law, Philosophy of Law, Legal History

This chapter examines the ways in which the theories examined earlier in the book understand the private law. It explores in particular the basis of our private law rights, the objective standard of ... More


Assumpsit for nonfeasance

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0015
Subject:
Law, Legal History

Among the writs of assumpsit issued in the fourteenth century were some alleging a mere failure to do what was promised (nonfeasance), the harm being economic rather than physical. The cases in this ... More


Contract: Assumpsit and Deceit

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0019
Subject:
Law, Legal History

This chapter traces the development of the action of assumpsit, a species of trespass on the case used to enforce informal contracts. The earliest examples were of ‘misfeasance’ causing physical ... More


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