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英译汉,翻译,高手进,拒绝机译!36． No requirement of pre-existing legal rel
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英译汉,翻译,高手进,拒绝机译!
36． No requirement of pre-existing legal relationship
Since it is one purpose of the law of benevolent intervention in another’s affairs to provide an incentive towards socially desirable intervention,there is no call for setting down strict standards to be satisfied when posing the question why this particular intervener undertook the measure．It is not necessary that the intervener and the principal should stand in a particular close pre-existing legal or personal relationship to one another．In fact,if the latter is the case,there will often be cause for Article 3：104(1) to come into play．Equally conceivable are cases in which a reasonable ground for intervention is excluded from the outset because in the circumstances there was no reasonable solution for the difficulty which the intervener sought to eradicate．In that case one is concerned not with a mere defective mode of conducting the intervention,but with the absence of reasonable ground for the intervention．The distinction between the two will depend on whether a reasonable person would have considered that there was cause for intervention of the sort undertaken by the intervener.
Illustration 27
A stranger in an unfamiliar town sees a window in a building blown in by a strong wind．He has no reasonable ground for intervening：he should take into account in particular the fact that the owner of the dwelling will not want to have a complete stranger enter his home and destroy his door just because such a comparatively minor problem has arisen．
Illustration 28
A fire breaks out in a chemical factory．If a private individual notifies the fire service he acts with reasonable grounds．If, on the other hand,he attempts to extinguish the fire himself after the fire brigade has arrived on the scene, he does not act with reasonable grounds．If he makes an attempt to extinguish the fire before the fire service arrives．it will depend on the circumstances of the case whether there were reasonable grounds．If an enormous blaze has already developed it would be perfectly senseless for a private individual to make any attempt to extinguish the fire．Were the fire to be a small one,however,it could possibly be sensible to tackle it oneself．
英译汉,翻译,高手进,拒绝机译!
36． No requirement of pre-existing legal relationship
Since it is one purpose of the law of benevolent intervention in another’s affairs to provide an incentive towards socially desirable intervention,there is no call for setting down strict standards to be satisfied when posing the question why this particular intervener undertook the measure．It is not necessary that the intervener and the principal should stand in a particular close pre-existing legal or personal relationship to one another．In fact,if the latter is the case,there will often be cause for Article 3：104(1) to come into play．Equally conceivable are cases in which a reasonable ground for intervention is excluded from the outset because in the circumstances there was no reasonable solution for the difficulty which the intervener sought to eradicate．In that case one is concerned not with a mere defective mode of conducting the intervention,but with the absence of reasonable ground for the intervention．The distinction between the two will depend on whether a reasonable person would have considered that there was cause for intervention of the sort undertaken by the intervener.
Illustration 27
A stranger in an unfamiliar town sees a window in a building blown in by a strong wind．He has no reasonable ground for intervening：he should take into account in particular the fact that the owner of the dwelling will not want to have a complete stranger enter his home and destroy his door just because such a comparatively minor problem has arisen．
Illustration 28
A fire breaks out in a chemical factory．If a private individual notifies the fire service he acts with reasonable grounds．If, on the other hand,he attempts to extinguish the fire himself after the fire brigade has arrived on the scene, he does not act with reasonable grounds．If he makes an attempt to extinguish the fire before the fire service arrives．it will depend on the circumstances of the case whether there were reasonable grounds．If an enormous blaze has already developed it would be perfectly senseless for a private individual to make any attempt to extinguish the fire．Were the fire to be a small one,however,it could possibly be sensible to tackle it oneself．
36． No requirement of pre-existing legal relationship
Since it is one purpose of the law of benevolent intervention in another’s affairs to provide an incentive towards socially desirable intervention,there is no call for setting down strict standards to be satisfied when posing the question why this particular intervener undertook the measure．It is not necessary that the intervener and the principal should stand in a particular close pre-existing legal or personal relationship to one another．In fact,if the latter is the case,there will often be cause for Article 3：104(1) to come into play．Equally conceivable are cases in which a reasonable ground for intervention is excluded from the outset because in the circumstances there was no reasonable solution for the difficulty which the intervener sought to eradicate．In that case one is concerned not with a mere defective mode of conducting the intervention,but with the absence of reasonable ground for the intervention．The distinction between the two will depend on whether a reasonable person would have considered that there was cause for intervention of the sort undertaken by the intervener.
Illustration 27
A stranger in an unfamiliar town sees a window in a building blown in by a strong wind．He has no reasonable ground for intervening：he should take into account in particular the fact that the owner of the dwelling will not want to have a complete stranger enter his home and destroy his door just because such a comparatively minor problem has arisen．
Illustration 28
A fire breaks out in a chemical factory．If a private individual notifies the fire service he acts with reasonable grounds．If, on the other hand,he attempts to extinguish the fire himself after the fire brigade has arrived on the scene, he does not act with reasonable grounds．If he makes an attempt to extinguish the fire before the fire service arrives．it will depend on the circumstances of the case whether there were reasonable grounds．If an enormous blaze has already developed it would be perfectly senseless for a private individual to make any attempt to extinguish the fire．Were the fire to be a small one,however,it could possibly be sensible to tackle it oneself．
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