Restitutionary Rights to Share in Damages
Carers' Claims
1st Edition
Published on 2. December 2004
978-0-511-05694-9 (ISBN)
Description
Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.
Reviews / Votes
"It is written with great lucidity, a clear appreciation of some of its own controversies, and to high standards of scholarship ... it provides an important contribution to the debate about how carer rights should be configured in the context of tort litigation.' Law Quarterly Review '... careful analysis and thoughtful proposals ...' Ken Oliphant, Cardiff UniversityMore details
Language
English
Place of publication
Cambridge
United Kingdom
Publishing group
Cambridge University Press
Target group
Professional and scholarly
Illustrations
Worked examples or Exercises
File size
1,94 MB
ISBN-13
978-0-511-05694-9 (9780511056949)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Book
06/2007
Cambridge University Press
€56.90
Shipment within 15-20 days
Book
06/2003
Cambridge University Press
€133.20
Shipment within 15-20 days
Person
Content
Preface; Table of cases; List of key works; 1. Introduction; Part I: 2. Three leading carer cases; 3. Claims based on contractual and non-contractual promises to pay; 4. The carer's claim in unjust enrichment; 5. The carer's claim in tort; Part II: 6. Direct claims: the problem remains unsolved; 7. Insurance subrogation analogy; 8. The policy against accumulation; Part III: 9. The proprietary claim; 10. Conclusion; Bibliography; Index.
