Negotiorum Gestio: a civilian concept in the Common Law?

Duncan Sheehan

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17 Citations (Scopus)

Abstract

This paper assesses whether English law recognizes a concept of negotiorum gestio. Claimants intervening in other' affairs and seeking restitution or reimbursement of expenses are often labeled ‘officious’, and disallowed relief. That, however, gives a misleading impression of English law. English law does recognize a concept of negotiorum gestio, which while very different to that found in German law, has parallels to versions found in other Civilian systems. It provides a cause of action to recover the intervenor's expenses, and any loss suffered during the intervention. It also provides a defence to the intervenor's intentional torts, although negligent intervenors will remain liable for their negligence.
Original languageEnglish
Pages (from-to)253-279
Number of pages27
JournalInternational and Comparative Law Quarterly
Volume55
Issue number2
DOIs
Publication statusPublished - 2006

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