13 Freedom respected so far as consistent with policy objectives

Nonetheless the underlying principle of freedom is recognised in that the model rules impose these non-contractual obligations only where that is clearly justified. So, a benevolent intervener has rights as such only if there was a reasonable ground for acting; and there will be no such ground if the intervener had a reasonable opportunity to discover the principal's wishes but failed to do so or if the intervener knew or could be expected to know that the intervention was against the principal's wishes.1. To the maximum extent possible the principal's freedom of action and control is respected. In the rules on non-contractual liability for damage caused to another, the imposition of an obligation of reparation is carefully limited to cases where it is justified. It is this concern which explains why this Book does not simply adopt some sweeping statement to the effect that people are liable for damage they cause. Respect for freedom (not to mention security and justice viewed from the point of view of the person causing the damage) requires careful and detailed formulation of rules imposing liability. Again, in the law on unjustified enrichment the underlying principle is that people are free to hold what they have. An obligation to redress an enrichment is imposed only in carefully regulated circumstances. In particular, rules ensure that one person cannot force another to pay for an enrichment resulting from a disadvantage to which the first person has consented freely and without error.2. That would be an unwarranted infringement of freedom. Rules also ensure that those who are enriched by receiving a non-transferable benefit without their consent (such as receiving an unwanted service) are not compelled to reverse that enrichment by paying for its value, since this would in substance require the recipient of an enrichment to perform a bargain not voluntarily concluded. If they are liable at all, their liability is therefore not allowed to exceed any sum which they would have spent in any case in order to enjoy the benefit which they have unwittingly or unwillingly received.3.