From: Jones, Michael <M.A.Jones@liverpool.ac.uk>
To: Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>
Hedley, Steve <S.Hedley@ucc.ie>
obligations@uwo.ca
Date: 02/06/2014 20:52:07 UTC
Subject: RE: UK: New "good samaritan" legislation planned

One's motive (commercial, self-interest, public service, altruism) is entirely irrelevant to the level of one's competence. Are we really going to say that, e.g., someone volunteering (from the very best of intentions) to take disabled children out on a day trip in a mini-bus will escape any liability for negligently driving over the edge of a cliff?

 

Surely one doesn't have to be a bleeding heart liberal to think that a rule excusing the incompetent do-gooder from liability would be a bad rule? If that discourages some people from volunteering then so be it. Responsible volunteers will insure. It's the irresponsible who don't protect themselves and their victims (as, e.g., with uninsured motorists); and the rest of us pick up the tab (as, e.g., with uninsured motorists).

 

Michael 

 

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Michael A. Jones
Emeritus Professor of Law
School of Law and Social Justice
University of Liverpool
Liverpool
L69 7ZS
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From: Andrew Tettenborn [a.m.tettenborn@swansea.ac.uk]
Sent: 02 June 2014 18:32
To: Hedley, Steve; obligations@uwo.ca
Subject: Re: UK: New "good samaritan" legislation planned

The real problem is that the Compensation Act was too mealy-mouthed; and I suspect there's a danger of this measure having the same problem despite the apparent tightening-up. A duty to take a factor into account is too easy to weasel out of when faced with sympathy for the seriously hurt: it's also so uncertain that the defendant is likely to have to continue to take out insurance, just in case, which rather defeats the object of the exercise.

If we want to make a serious difference (and I think we do, even to the extent of being entirely hard-hearted to the grievously injured), it's arguable we should go further and take a leaf from the criterion for loss of the right to limit liability under transport conventions.  In other words, say that in the case of public-spirited actions there can be no liability at all except in the case of conduct intended to cause damage, or undertaken recklessly and in the knowledge that loss will probably result. Whether Parliament will have the courage to say this remains to be seen: but I'm not hopeful.

Andrew


On 02/06/2014 18:08, Hedley, Steve wrote:
"Extra legal protection is to be given to people carrying out good deeds, volunteering or planning local events who end up being involved in liability claims, the government has announced. Those thinking of doing something to help others should not be put off by the risk of being sued, ministers said ...": "Queen's Speech: Good deeds 'to be backed by law'", BBC News 1 June - http://www.bbc.com/news/uk-politics-27658594

For commentary see Thomas Crockett, 'Legislating for "Statutory Common Sense" and Personal Injury Litigation?', piBlawg 2 June - http://www.piblawg.co.uk/post/2014/06/02/Legislating-for-Statutory-Common-Sense-and-Personal-Injury-Litigation.aspx




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Andrew Tettenborn
Professor of Commercial Law, Swansea University

Institute of International Shipping and Trade Law
School of Law, University of Swansea
Richard Price Building
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SWANSEA SA2 8PP
Phone 01792-602724 / (int) +44-1792-602724
Fax 01792-295855 / (int) +44-1792-295855



Andrew Tettenborn
Athro yn y Gyfraith Fasnachol, Prifysgol Abertawe

Sefydliad y Gyfraith Llongau a Masnach Ryngwladol
Ysgol y Gyfraith, Prifysgol Abertawe
Adeilad Richard Price
Parc Singleton
ABERTAWE SA2 8PP
Ffôn 01792-295831 / (rhyngwladol) +44-1792-295831
Ffacs 01792-295855 / (rhyngwladol) +44-1792-295855


 

Lawyer (n): One versed in circumvention of the law (Ambrose Bierce)



 

 

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