Unauthorised beneficial intervention in the affairs of another: Drawing on European development of the Roman law concept of Negotiorum Gestio to fill a gap in the Common Law

The common law approach to the rights of a person who engages in unauthorised intervention in the affairs of another where it is necessary to protect the interests of that other person is incoherent. The general rule that the rights of an intervenor are not recognised is subject to narrow exceptions arising under the law of agency of necessity and bailment, but even these provide inconsistent remedies and do not protect the rights of an intervenor who has no prior relationship with the person benefited. This article critiques the current law and proposes a new set of rules, based on the Roman law doctrine of negotiorum gestio (management of the affairs of another) as developed in modern European law that would balance the rights of the intervenor and the person on whose behalf the intervenor acts.