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

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TABLE OF CASESAlexandrou v Oxford [1993] 4 All ER 328 EngAnns v Merton London BoroughCouncilBankstown City Council vAlamdo Holdings Pty LimitedBarnes v Hampshire CountyCouncilBarnett v Chelsea andKensington HospitalManagement CommitteeBlyth v Birmingham WaterworksCompanyBoard of Fire Commissioners vArdouin[1978] AC 728 Eng[2005] HCA 46 Aus[1969] 1 WLR 1563 Eng[1969] QB 428 Eng(1856) 11 Ex 781 Eng(1961) 109 CLR 105 AusBoccasile et al v Cajun MusicLtd694 A2d 686, 1997 RI Lexis 153 (SCRhode Island)USABuck v Greyhound Lines Inc (783 P2d 437) Nev 1989 USABulman v Furness RailwayCompany(1875) 32 LT 430 EngBurke v John Paul & Co Ltd [1967] IR 227 IrlCaparo Industries plc vDickmanCapital and Counties plc vHampshire County CouncilCentral Estates (Belgravia) Ltdv Woolgar[1990] 2 AC 605 Eng[1997] QB 1004 Eng[1971] 3 All ER 647 EngClements v Gill [1953] SASR 25 SACondon v Basi [1985] 1 WLR 866 EngDaborn v Bath Tramways MotorCo Ltd[1946] 2 All ER 333 EngDahl v Turner 459 P2d 816 (NM Ct App 1969) USAxv
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 12 and 13: CHAPTER 5 SUMMARY OF RECOMMENDATION
Page 14 and 15: Law Reform (Miscellaneous Provision
Page 18 and 19: Depue v Flateau 100 Minn 299 USADon
Page 20 and 21: Smith v Lears (1945) 70 CLR 256 Aus
Page 22 and 23: provide an exemption from civil lia
Page 25 and 26: 1CHAPTER 1BACKGROUND AND POLICY SET
Page 27 and 28: volunteers would not have been able
Page 29 and 30: een incorporated into the 2008 FETA
Page 31 and 32: As to general practitioners (GPs),
Page 33 and 34: 2009, a 102% increase in volunteers
Page 35 and 36: 1.29 The Government‟s ongoing com
Page 37 and 38: 2CHAPTER 2A DUTY TO INTERVENE AND R
Page 39 and 40: 2.06 In determining whether the mor
Page 41 and 42: passing over and using this land an
Page 43 and 44: „duty‟ stage of the trial that
Page 45 and 46: Yacht Co. Ltd. 33 Lord Diplock stat
Page 47 and 48: termination of an existing special
Page 49 and 50: ambit of the danger that it exists.
Page 51 and 52: the emergency services, giving the
Page 53 and 54: eferring to Lowns v Woods reasserte
Page 55 and 56: manner towards employees. 90 Sectio
Page 57 and 58: 2.55 The issue of whether to impose
Page 59 and 60: intervene had a great deal of weigh
Page 61 and 62: of the risk is thus the crucial fac
Page 63 and 64: manner, as when imposing duties on
Page 65 and 66: tortfeasor is liable to the victim
Page 67:
ease with which the bystander may i
Page 70 and 71:
such as Donoghue v Stevenson, 2 a p
Page 72 and 73:
knowledge that would be expected of
Page 74 and 75:
the court will consider it unreason
Page 76 and 77:
standards in pre-hospital emergency
Page 78 and 79:
outcome upon intervention. 34 Given
Page 80 and 81:
it is coupled with the dependence o
Page 82 and 83:
level or lack of skill. In analysin
Page 84 and 85:
organisation. Like the Good Samarit
Page 86 and 87:
egard to that type of intervention.
Page 88 and 89:
However, where the particular volun
Page 90 and 91:
immunity. 48 Regarding fire fighter
Page 92 and 93:
(a)Proximity3.70 The Commission not
Page 94 and 95:
Commission considers that a “volu
Page 96 and 97:
ased on the fact that it has the ca
Page 98 and 99:
(h)Is it “Just and Reasonable”
Page 100 and 101:
the law will expect no more of the
Page 102 and 103:
voluntary organisations should ensu
Page 104 and 105:
well as general members of the publ
Page 106 and 107:
volunteering activities. Thus, a Go
Page 108 and 109:
indemnify the organisation in the e
Page 110 and 111:
statutes go so far as to extend pro
Page 112 and 113:
to provide first aid in a standard
Page 114 and 115:
clearly states that protection is t
Page 116 and 117:
more of the healing arts.” 60 The
Page 118 and 119:
most statutes grant immunity for ac
Page 120 and 121:
circumstances of emergency. 91 It a
Page 122 and 123:
accident. 101 The term “Good Sama
Page 124 and 125:
disease or death was caused by the
Page 126 and 127:
account the general policy setting
Page 128 and 129:
individuals alone and not organisat
Page 130 and 131:
including first-aid and the use of
Page 132 and 133:
Commission considers that the issue
Page 134 and 135:
their services. To ensure that the
Page 136 and 137:
a) The individual was, by ordinary
Page 138 and 139:
duties that would otherwise apply,
Page 140 and 141:
defibrillators) is given by a Good
Page 142 and 143:
Charities Act 2009Civil Defence Act
Page 144 and 145:
DRAFT CIVIL LIABILITY (GOOD SAMARIT
Page 146 and 147:
(2) The circumstances are that the
Page 149:
The Law Reform Commission is an ind
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