Principle of voluntary assumption of civil responsibility in English law | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 14, Issue 2, December 2023, Pages 499-544 PDF (1.33 M) | ||
| Document Type: Research Paper | ||
| Author | ||
| Ali Hussein Manhal* | ||
| Shtt Al-Arab University College | ||
| Abstract | ||
| In English law, civil responsibility traditionally arises from two main sources: breach of contract and tort. However, there are damages for which the English courts impose a person’s responsibility based on his acceptance, if he is in a situation that would influence the course of events and justify this imposition of responsibility, in accordance with the principle called “assumption of responsibility”. English courts and scholarship differed about interpreting the nature of assumption of responsibility. Some said that it falls within the category of liability for tort, others said that it is of a contractual nature, while a third held that assumption of responsibility is an independent and distinct basis for liability that differs from both breach of contract and tort. Although this principle has established in English law, it criticized because it gives the courts a means to impose liability simply because the defendant is in a situation that affects the course of events for the plaintiff. In this research, we have discussed the principle of voluntary assumption of responsibility in English law in terms of its concept and the different opinions regarding its legal nature. | ||
| Keywords | ||
| responsibility,,; ,،voluntary assumption,,; ,،tort,,; ,،breach of contract,,; ,،independent base of responsibility | ||
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