Restitutionary Rights To Share In Damages: Carers Claims by Simone DegelingRestitutionary Rights To Share In Damages: Carers Claims by Simone Degeling

Restitutionary Rights To Share In Damages: Carers Claims

bySimone Degeling

Paperback | December 3, 2007

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This book explains the phenomenon of shared damages by which a stranger to litigation is entitled to share in the damages recovered in a legal suit. Two prominent examples 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 damages won by the insured. Simone Degeling argues that the right to share is given to reduce the potential of the claimant's unjust enrichment. This analysis interests restitution and tort lawyers, as well as academic institutions and court libraries.
Title:Restitutionary Rights To Share In Damages: Carers ClaimsFormat:PaperbackDimensions:316 pages, 8.98 × 5.98 × 0.71 inPublished:December 3, 2007Publisher:Cambridge University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0521036968

ISBN - 13:9780521036962

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Table of Contents

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.

Editorial Reviews

'... careful analysis and thoughtful proposals ...' Ken Oliphant, Cardiff University