civil liability of good samaritans and volunteers - Law Reform ...

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CHAPTER 5 SUMMARY OF RECOMMENDATIONS 119APPENDIXDRAFT CIVIL LIABILITY (GOOD SAMARITANSAND VOLUNTEERS) BILL 2009 121x
TABLE OF LEGISLATIONAlabama CodeArkansas Annotated CodeCalifornia Business and Professions CodeUSAUSAUSACharities Act 2009 2009/No.6 IrlCivil Law (Wrongs) Act 2002 A2002-40 (CT) AusCivil Defence Act 2002 2002/No.16 IrlCivil Liability (Amendment) Act 2008 No 39/2008 (T) AusCivil Liability (Good Samaritan) Amendment Bill 2007 (Q) AusCivil Liability Act 1936 (SA) AusCivil Liability Act 2002 No 22/2002(NSW)AusCivil Liability Act 2002 (WA) AusCivil Liability Act 2002 No 54/2002 (T) AusColorado Revised StatutesCompanies Act s1963 to 2006USAIrlDelaware Annotated CodeUSAEmergency Medical Aid Act 1979 RSS 1978, c E-8 CanEmergency Medical Aid Act 2000 RSA 2000, c E-7 CanFire Services Act 1981Florida Statutes 2008Georgia CodeIrlUSAUSAGood Samaritan Act 1996 RSBC 1996 CanGood Samaritan Act 2001 SO 2001, c 2 CanGood Samaritan Bill 2005 No. 17/2005 IrlHawaii Revised StatutesIdaho CodeIllinois Compiled StatutesKansas Statutes 2005USAUSAUSAUSAxi
Page 1: ReportCivil liabilityof goodsamarit
Page 4 and 5: LAW REFORM COMMISSION‟S ROLEThe L
Page 6 and 7: LAW REFORM RESEARCH STAFFDirector o
Page 8 and 9: CONTACT DETAILSFurther information
Page 10 and 11: TABLE OF CONTENTSINTRODUCTION 1A Re
Page 14 and 15: Law Reform (Miscellaneous Provision
Page 17 and 18: TABLE OF CASESAlexandrou v Oxford [
Page 19 and 20: Kent v Griffiths [2001] QB 36 EngKi
Page 21 and 22: INTRODUCTIONARequest by the Attorne
Page 23: extent to which current law in Irel
Page 26 and 27: who may have had a “reasonable ex
Page 28 and 29: 1.10 The 2006 Report of the Nationa
Page 30 and 31: Work had also been done on planning
Page 32 and 33: 1.21 The Irish Government‟s 2000
Page 34 and 35: ecommendations to the Government on
Page 36 and 37: that the enactment of legislation s
Page 38 and 39: circumstances in which a duty to in
Page 40 and 41: Russia, Switzerland and a number of
Page 42 and 43: inconvenience to the would-be-rescu
Page 44 and 45: 2.18 Lord Atkin then went on to exp
Page 46 and 47: intervene and rescue. 39 This has b
Page 48 and 49: a duty to control the conduct of ot
Page 50 and 51: voluntarily assumed responsibility
Page 52 and 53: competence and ability to treat the
Page 54 and 55: property in a public place and a ve
Page 56 and 57: is an occupational first-aider pres
Page 58 and 59: human being whose life is in peril
Page 60 and 61: without an option to avoid being su
Page 62 and 63:
(d)Economic Arguments2.72 In Stovin
Page 64 and 65:
(g)Indeterminate Number of ClaimsIn
Page 66 and 67:
there is no greater legal basis for
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3CHAPTER 3DUTY OF CARE AND STANDARD
Page 71 and 72:
whereby the courts may, as a matter
Page 73 and 74:
conduct in the future. 18 In this w
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“Any person who intervenes volunt
Page 77 and 78:
leaves the victim in a worse positi
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Samaritan could be held liable for
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3.36 It must also be borne in mind
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permissible in the case of ordinary
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scenarios where there is a lack of
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Commission observes that a finding
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In this regard, it is noted that th
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escuer, a quality service is provid
Page 93 and 94:
3.74 Where the undertaking is a pro
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volunteer fails to turn up, it is v
Page 97 and 98:
equivalent services. Furthermore, t
Page 99 and 100:
precedent for future claims against
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would seem to imply that the standa
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that it was unlikely that liability
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4CHAPTER 4THE CONTENTS OF THE GOOD
Page 107 and 108:
often important to distinguish care
Page 109 and 110:
made those decisions, transfers to
Page 111 and 112:
condition that the Good Samaritan a
Page 113 and 114:
defined “render” as “[t]o giv
Page 115 and 116:
4.24 The Commission notes that some
Page 117 and 118:
equirement of rendering emergency c
Page 119 and 120:
statutes in the United States, whil
Page 121 and 122:
property is not included. To the ex
Page 123 and 124:
4.41 In the Australian Capital Terr
Page 125 and 126:
surgical aid in case of urgent need
Page 127 and 128:
(2) General scope of legislation4.5
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heart action or circulation of bloo
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emergency contains in section 11 of
Page 133 and 134:
precise definition of “good faith
Page 135 and 136:
4.82 In the Consultation Paper 135
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the organisation‟s work in determ
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5CHAPTER 5SUMMARY OF RECOMMENDATION
Page 141 and 142:
APPENDIXDRAFT CIVIL LIABILITY (GOOD
Page 143 and 144:
DRAFT CIVIL LIABILITY (GOOD SAMARIT
Page 145 and 146:
(e) The individual was capable of a
Page 147:
Effect on common law and statutory
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