Subrogation Law and Practice

Name: Subrogation Law and Practice
Availability: OutOfStock
ISBN: 9780199296644

ISBN-10: 0199296642

ISBN-13: 9780199296644

Edition: 2006

Authors: Charles Mitchell, Stephen Watterson, Adam Fenton QC, Henry Legge

List price: $430.00

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Subrogation: Law and Practice provides a readily and accessible account of subrogation, explaining when claimants are entitled to the remedy, how they should formulate their claims, and what practical difficulties they might encounter when attempting to enforce their subrogation rights.Although a remedy that is frequently awarded in Chancery and commercial practice, the reasons why and the way it works can often be misunderstood. In this text authors aim to present the subject in clear and simple terms through a structure that is readily accessible and of benefit to practitioners. Divided into four separate parts the authors provide an up-to-date account of the subject, looking at the many…

Book details

List price: $430.00
Copyright year: 2006
Publisher: Oxford University Press, Incorporated
Publication date: 5/24/2007
Binding: Hardcover
Pages: 512
Size: 6.73" wide x 9.69" long x 1.18" tall
Weight: 2.2
Language: English




Introduction



Introduction


What is subrogation?


When is subrogation awarded?


Why is subrogation awarded?



Foundational Principles


Unjust enrichment


Discharge of obligations



Subrogation to Extinguished Rights



Barriers to Understanding


Extinction and 'revival' of rights


Subrogation to extinguished personal rights


Subrogation to extinguished proprietary rights



Components of the Claim I: Parties to the Action, Enrichment, and 'at the Claimant's Expense'


Parties


Enrichment


At the claimant's expense



Components of the Claim II: Unjust Factor


Mistake


Failure of consideration


Secondary liability


Other unjust factors



Components of the Claim III: Defences



Components of the Claim IV: The Form of the Remedy



Practical Points


Pleading rules


Rights which are capable of acquisition by subrogation


Part payments


Sub-subrogation



Subrogation to Subsisting Rights 1: Insurer's Claims



Insurer's Claims


Barriers to understanding


Sources of subrogation rights


Pleading rules


Insured must be indemnified


Control of litigation


Rights to which an insurer can be subrogated


Defences to an insurer's subrogated action


The insured's duty to protect the insurer's position



Subrogation to Subsisting Rights 2: Special Insolvency Rules



Claims Under the Third Parties (Rights Against Insurers) Act 1930



Creditors of Trustees