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European Tort Law$
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Cees van Dam

Print publication date: 2013

Print ISBN-13: 9780199672264

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199672264.001.0001

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Liability in Emergency Cases

Liability in Emergency Cases

Chapter:
(p.520) 17 Liability in Emergency Cases
Source:
European Tort Law
Author(s):

Cees Van Dam

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199672264.003.0017

This chapter addresses the question of whether one person can be held liable for failing to rescue another person from a dangerous situation. It begins with an overview of German, French, and English rules on liability for pure omissions. It then considers the circumstances in which it is reasonable for a right to rescue to occur. Finally, it examines the level of care to be maintained by the rescuer, as well as his right to compensation if he has suffered damage himself.

Keywords:   liability, pure omission, duty to rescue, tort law, rescuers

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