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Periodical article | Leiden University 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. |