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

volunteer fails to turn up, it is very likely that the elderly person would find itdifficult to make an alternative arrangement.3.79 To establish a relationship of proximity it must be shown that thereliance is reasonable. In this regard, the Commission notes the argument thatit might be asserted that reliance on a voluntary promise can never beconsidered reasonable. 60 In determining whether reliance is reasonable, it isthe case that many recipients of voluntary services are particularly vulnerableand, therefore, more reliant on the voluntary provision of services. The natureof the volunteer‟s promise will also be important in this regard. It is more likelythat reliance will be considered more reasonable where the promise is eitherinferred from or supported by conduct of the voluntary service provider,particularly where that conduct is on a regular and recurrent basis.Furthermore, given that a certain amount of training and support will beprovided by a voluntary organisation, it is possible that a recipient of voluntaryservices will be more likely to rely on the undertaking of a formal volunteer thanon that of an informal volunteer. 61 It should also be noted that the recipient of avoluntary service may be more inclined to rely on the undertaking of a formalvolunteer because of an implicit guarantee that should the individual volunteerfails the voluntary organisation will make alternative arrangements to ensurethat the service continues to be provided. In such a case, it may be debatableas to whether reliance on the individual volunteer, rather than the overallorganisation, would be reasonable.(e)Control and Dependence3.80 Proximity might also be established where the relationship betweenthe voluntary service provider and the recipient of the service is one of controland dependence. In terms of control the voluntary service provider may beespecially well placed to provide a particular service because of training orattachment to a voluntary organisation that specialises in the provision of thatservice. Alternatively, the voluntary service provider may assert control over aparticular situation by taking charge of a particular task or by organising anevent. The voluntary service provider would, in such a case, be expected tomanage the operations in accordance with the relevant legislation or licensingobligations under legislation, such as the Planning and Development Act 2000(licensing of outdoor events) or the Licensing of Indoor Events Act 2003. TheCommission considers that relationships of control and dependence are mostlikely to arise where the voluntary service provider is a voluntary organisation6061The promise is made without consideration, a prerequisite for a binding contractand enforcement would be highly onerous.Based on the level of training, standards set by the voluntary organisation andaccess to equipment and resources.75