...Voluntary obligations are those which arise from contracts and promises; obediental obligations include those whose incidence is determined by the law of delict. It might be thought that speculation as to the nature of voluntary obligation is essentially a misconceived activity, especially when...

... opt outs fiduciaries undertakings contracts voluntary obligations social roles The field of fiduciary theory is in full bloom, a felicitous state of affairs for which the editors of this book deserve no small credit. ¹ In that field are many starting points for inquiry. We might ask...

... intimates. I am fully aware that this was not Shiffrin’s purpose; she was interested in showing (and to my mind, succeeded in showing) how a nonconventional faculty to undertake voluntary obligations could be both elaborated and justified in regard to relations between intimates. In particular...

...This chapter argues that a satisfactory analysis of voluntary obligations must be conducted in terms of normative powers. To substantiate this claim, it examines in some detail the concepts of a normative power and of a power-conferring norm (or P-norm). It begins with an analysis of legal powers...

..., is that each has importantly different requirements and a normative distinctiveness from the others. assumption of responsibility voluntary obligations legal responsibility positive duties tort omissions Like contract, trust, and fiduciary law, tort claims to recognise legal duties that arise by choices...

... the not entirely consistent decisions on the assumption of responsibility by public authorities be reconciled? assumption of responsibility voluntary obligations legal responsibility positive duties tort justification The previous chapter, Chapter 4 , aimed to establish that the current law recognises...