Duty to Rescue in UK Law

  • Liberalism, the Duty to Rescue, and Organ Procurement
    • No. 6-3, September 2008
    • Political Studies Review
    After outlining her rights-based theory of justice in Whose Body is it Anyway? Cécile Fabre argues that as a matter of justice needy people have a right to be rescued provided that this would not i...
  • N v UK: No Duty to Rescue the Nearby Needy?
    • No. 72-5, September 2009
    • The Modern Law Review
    This article discusses the deportation of a seriously ill foreign national to her country of origin, where she would face a high risk of extreme deterioration of her health due to the inadequate me...
  • Sanctioning the Selfish: The Operation of Portugal's New ‘Bad Samaritan’ Statute1
    • No. 1-4, January 1991
    • International Review of Victimology
    In 1982, Portugal followed the precedent of most European legal systems by criminally penalizing persons who fail to provide aid or summon help for those requiring such assistance. Anglo-American l...
    ... ... bearing on traditional objections to cnminalizing failure-to-rescue. It then critically reviews general reservations about ... 76-122). The present French law on the duty-to-rescue, a prototypical European statute, traces its ... ...
  • Tort liability for a failure to render assistance in a comparative perspective
    • No. 29-6, December 2022
    • Maastricht Journal of European and Comparative Law
    The article looks at the problem of tort liability for a failure to render assistance and compares the legal approaches to this issue. There are no European legal systems that regulate such a duty ...
    ... ... There are no European legal systems that regulate such a duty torender assistance directly in the provisions of private law. This is ... countries) have criminal law provisions that penalize a failureto rescue another person in need of assistance. This raises the question of the ... ...
  • Tort liability for a failure to render assistance in a comparative perspective
    • No. 29-6, December 2022
    • Maastricht Journal of European and Comparative Law
    The article looks at the problem of tort liability for a failure to render assistance and compares the legal approaches to this issue. There are no European legal systems that regulate such a duty ...
    ... ... There are no European legal systems that regulate such a duty torender assistance directly in the provisions of private law. This is ... countries) have criminal law provisions that penalize a failureto rescue another person in need of assistance. This raises the question of the ... ...
  • Fen Osler Hampson and Stephen M. Saideman, eds. Canada Among Nations 2015: Elusive Pursuits: Lessons from Canada’s Interventions Abroad Centre for International Governance Innovation
    • No. 72-1, March 2017
    • International Journal
    ... ...  the operational code that informed Stephen Harper’s ‘‘duty ...  United Nations, the Harper Doctrine turns on the duty to rescue ... ...
  • Positive Duties and Human Rights: Challenges, Opportunities and Conceptual Necessities
    • No. 63-5, December 2015
    • Political Studies
    Can human rights impose positive duties to act, as well as negative duties constraining action? At first glance there seem to be strong reasons for wishing human rights could impose positive duties...
    ... ... In this article the duty-properties possessed by uncontroversial rights-based negative duties are ... rescue a drowning stranger, Daria. I do not mean to contend that our best theory ... ...
  • Review: Blackstone's Criminal Practice 2007, Drugs and Popular Culture: Drugs, Media and Identity in Contemporary Society, Self-Defence in Criminal Law
    • No. 80-2, June 2007
    • Police Journal: Theory, Practice and Principles
    ... ... The second introduces the reader to the ‘ duty to rescue ’ , which centres on the notion of property. Sangero considers ... ...
  • We All Make Mistakes: A ‘Duty of Virtue’ Theory of Restitutionary Liability for Mistaken Payments
    • No. 81-2, March 2018
    • The Modern Law Review
    In contrast to the moral foundations of contract, tort, and the law of property, which are generally regarded as elements of Kantian ‘right’, the liability to return the value of mistaken payments ...
    ... ... of virtue, the legalisation of the duty of beneficence in a way similar (though not identical) to how the lawmight instantiate a duty of easy rescue. Accordingly , one of Birks’s most cherished theses – that the law of unjust enrichment represents a distinctive element of private law – can ... ...
  • Against Restitution
    • No. 51-3, October 2003
    • Political Studies
    Recently, states and other institutions have undertaken to make restitution for past abuses. Distinctions need to be made between various kinds of restitutive practices that rest on quite different...
    ... ... -treaty case, on the grounds that a state’s failure in its general duty of protection is just as culpably irresponsible as its failure to honour ... Who has a right to be rescued, and who has a duty to rescue? Other things being equal, everyone has a right to rescue and a duty to ... ...
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