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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The duty to rescue: compulsion or laissez faire?
Author:Kemp, Kemp J.
Year:1985
Periodical:The Comparative and International Law Journal of Southern Africa
Volume:18
Issue:2
Pages:163-186
Language:English
Geographic term:South Africa
Subjects:norms
criminal law
Abstract:Purpose is to investigate whether the South African law of delict should recognize a duty of rescue. The method adopted is briefly to set out the general rule of no liability for a mere omission. The various ratinales for the general rule is really the denial of the duty to rescue except that it goes somewhat wider: it also convers damage to proprietory interests. The arguments favouring a duty of rescue are critically examined, and a conclusion on recognition drawn, namely that if a duty of rescue must come to the common law countries and South Africa, let it be a criminal law duty of rescue formulated with due care and flexibility of punishment by the legislature to ensure minimum effective coercion and backed by a State-run scheme providing compensation to injured rescuers. A delictual duty to rescue just does not fit the bill. Notes, ref.
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