Download this Paper Open PDF in Browser

Informal Carers and Private Law Introduction

Chapter 1 in B Sloan, "Informal Carers and Private Law" (Hart Publishing, 2012)

University of Cambridge Faculty of Law Research Paper No. 30/2012

30 Pages Posted: 21 Dec 2012 Last revised: 23 Jan 2013

Brian Sloan

University of Cambridge - Robinson College, Cambridge; University of Cambridge - Faculty of Law

Date Written: December 11, 2012

Abstract

This paper forms the introductory chapter of Informal Carers and Private Law (Hart, 2012), setting out the scope of the book and justifying its focus on private law.

Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism.

Keywords: carers, social care, public/private law divide

JEL Classification: K11, K36

Suggested Citation

Sloan, Brian, Informal Carers and Private Law Introduction (December 11, 2012). Chapter 1 in B Sloan, "Informal Carers and Private Law" (Hart Publishing, 2012); University of Cambridge Faculty of Law Research Paper No. 30/2012. Available at SSRN: https://ssrn.com/abstract=2192014

Brian Sloan (Contact Author)

University of Cambridge - Robinson College, Cambridge ( email )

Grange Road
Cambridge, CB3 9AN
United Kingdom

HOME PAGE: http://www.robinson.cam.ac.uk/fellows/brian-sloan

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

HOME PAGE: http://www.law.cam.ac.uk/people/academic/bd-sloan/409

Paper statistics

Downloads
154
Rank
160,879
Abstract Views
999