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

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LAW REFORM RESEARCH STAFFDirector of Research:Raymond Byrne BCL, LLM (NUI),Barrister-at-LawLegal Researchers:Chris Campbell, B Corp, LLB Diop Sa Gh (NUI)Frances Colclough BCL, LLM (NUI)Siobhan Drislane BCL, LLM (NUI)Claire Murray, BCL (NUI), Barrister-at-LawGemma Ní Chaoimh BCL, LLM (NUI)Bríd Nic Suibhne BA, LLB, LLM (TCD), Diop sa Gh (NUI)Jane O„Grady BCL, LLB (NUI ), LPC (College of Law)Gerard Sadlier BCL (NUI)Joseph Spooner, BCL (Law with French Law) (NUI), Dip. French andEuropean Law (Paris II), BCL (Oxon)Ciara Staunton BCL, LLM (NUI), Diop sa Gh (NUI)STATUTE LAW RESTATEMENTProject Manager for Restatement:Alma Clissmann, BA (Mod), LLB, Dip Eur Law (Bruges), SolicitorLegal Researchers:John P Byrne BCL, LLM, PhD (NUI), Barrister-at-LawElizabeth Fitzgerald LLB, M.Sc. (Criminology & Criminal Justice),Barrister-at-LawCatriona Moloney BCL (NUI), LLM (Public Law)LEGISLATION DIRECTORYProject Manager for Legislation Directory:Heather Mahon LLB (ling. Ger.), M.Litt, Barrister-at-LawLegal Researchers:Margaret Devaney LLB, LLM (TCD)Rachel Kemp BCL (Law and German), LLM (NUI)iv
ADMINISTRATION STAFFHead of Administration and Development:Brian GlynnExecutive Officers:Deirdre BellSimon FallonDarina MoranPeter TrainorLegal Information Manager:Conor Kennedy BA, H Dip LISCataloguer:Eithne Boland BA (Hons), HDip Ed, HDip LISClerical Officers:Ann BrowneAnn ByrneLiam DarganSabrina KellyPRINCIPAL LEGAL RESEARCHERS FOR THIS REPORTEleanor Leane LLB, LLM (NUI)Tara Murphy BCL, LLM (Essex)v
Page 1: ReportCivil liabilityof goodsamarit
Page 4 and 5: LAW REFORM COMMISSION‟S ROLEThe L
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 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
Page 69 and 70:
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
Page 75 and 76:
“Any person who intervenes volunt
Page 77 and 78:
leaves the victim in a worse positi
Page 79 and 80:
Samaritan could be held liable for
Page 81 and 82:
3.36 It must also be borne in mind
Page 83 and 84:
permissible in the case of ordinary
Page 85 and 86:
scenarios where there is a lack of
Page 87 and 88:
Commission observes that a finding
Page 89 and 90:
In this regard, it is noted that th
Page 91 and 92:
escuer, a quality service is provid
Page 93 and 94:
3.74 Where the undertaking is a pro
Page 95 and 96:
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
Page 101 and 102:
would seem to imply that the standa
Page 103 and 104:
that it was unlikely that liability
Page 105 and 106:
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
Page 129 and 130:
heart action or circulation of bloo
Page 131 and 132:
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
Page 137 and 138:
the organisation‟s work in determ
Page 139 and 140:
5CHAPTER 5SUMMARY OF RECOMMENDATION
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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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