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Altruism in Private LawLiability for Nonfeasance and Negotiorum Gestio$
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Jeroen Kortmann

Print publication date: 2005

Print ISBN-13: 9780199280056

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199280056.001.0001

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The Position in English Law

The Position in English Law

(p.111) 11 The Position in English Law
Altruism in Private Law

Jeroen Kortmann

Oxford University Press

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.

Keywords:   English law, intervener, reimbursement, nonfeasance, English doctrines

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