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    Restitutionary Rights to Share in Damages Carers' Claims

    ISBN-10: 052180065X
    ISBN-13: 9780521800655
    Author(s): Simone Degeling
    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  More...
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    List Price: $134.99
    Publisher: Cambridge University Press
    Binding: Hardcover
    Pages: 37356216
    Size: 6.25" wide x 9.35" long
    Weight: 2.2
    Language: English

    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.

    Preface
    Table of cases
    List of key works
    Introduction
    Three leading carer cases
    Claims based on contractual and non-contractual promises to pay
    The carer's claim in unjust enrichment
    The carer's claim in tort
    Direct claims: the problem remains unsolved
    Insurance subrogation analogy
    The policy against accumulation
    The proprietary claim
    Conclusion
    Bibliography
    Index

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