Restitutionary Rights to Share in Damages Carers' Claims

Name: Restitutionary Rights to Share in Damages Carers' Claims
Price: 22.5 USD
Availability: InStock
ISBN: 9780521800655

ISBN-10: 052180065X

ISBN-13: 9780521800655

Edition: 2003

Authors: Simone Degeling

List price: $92.99

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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.…

Book details

List price: $92.99
Copyright year: 2003
Publisher: Cambridge University Press
Publication date: 6/12/2003
Binding: Hardcover
Pages: 314
Size: 6.22" wide x 9.33" long x 1.02" tall
Weight: 1.386



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