Restitution and the Rescue of Life

Authors

  • Mitchell McInnes

DOI:

https://doi.org/10.29173/alr1181

Abstract

The author argues that restitutionary relief should be available to life rescuers. Analyzed in terms of the Canadian principle of unjust enrichment, it can be said that a victim receives an enrichment and a rescuer suffers a corresponding deprivation when there is no juristic reason for the enrichment. Policy considerations and precedent also favour the recognition of a right of recovery in limited circumstances. A rescuer's measure of relief should generally be restricted to reimbursement of his expenses, though a professional should also be entitled to remuneration for his services. Policy considerations militate against the availability of privately financed rewards, and against compensation for losses and injuries.

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Published

1994-05-01

Issue

Vol 32, No 1

Section

Articles

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