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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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Towards a New General Principle

Towards a New General Principle

Chapter:
(p.175) 13 Towards a New General Principle
Source:
Altruism in Private Law
Author(s):

Jeroen Kortmann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199280056.003.0013

It is seen that none of the existing doctrines possess the right tools for the development of a general principle that allow the intervener to recover. This chapter discusses the alternative to this, which is to develop a separate doctrine. In doing so, the doctrine to be developed must first of all succeed in removing the existing disincentives against voluntary intervention. To the potential intervener, the intervention must therefore at least appear cost-neutral. Furthermore, whether or not success should be required largely depends on the measure of recovery that is allowed to the intervener. Then to allow the intervening roof contractor full remuneration even where no success has been achieved, would be to grant him more rights than he would have had if he had had the opportunity to negotiate with the defendant. Most contracts for professional services, however, require the application of best endeavours, not results.

Keywords:   doctrines, intervener, roof contractor, remuneration, defendant

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