The Law of Contribution and Reimbursement

Hardcover | February 1, 2003

byCharles Mitchell

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The English law of contribution and reimbursement is essentially concerned with any situation where two parties must both pay a debt to a third party, compensate him for harm that he has suffered at their hands, or restore an enrichment which they have unjustly gained at his expense. Thesesituations give rise to questions of how the parties' common liability should be shared and how their relationships with the third party, and with one another, should be adjusted so as to ensure that they each pay their proper share. This book is based on the rules of English law which determine theanswers to these questions.Contribution and reimbursement claims often arise in the course of complex multi-party litigation and the rules which govern their determination are scattered through the law reports and statute books. This book provides a clear guide through this maze of legislation and case law, and gives adetailed account of all the substantive and procedural rules in the area. It is an essential source of information for legal practitioners and academics seeking practical advice on this notoriously complex subject.

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The English law of contribution and reimbursement is essentially concerned with any situation where two parties must both pay a debt to a third party, compensate him for harm that he has suffered at their hands, or restore an enrichment which they have unjustly gained at his expense. Thesesituations give rise to questions of how the pa...

Dr Charles Mitchell is a Reader in Law at King's College London, where he teaches trusts, unjust enrichment, contract, insurance, and company law. His research interests lie in these fields, and also in the area of voluntary sector law and policy. He is the author of The Law of Subrogation (Clarendon Press, 1994) and co-editor (with S...

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Format:HardcoverDimensions:374 pages, 9.69 × 6.73 × 0.98 inPublished:February 1, 2003Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198268807

ISBN - 13:9780198268802

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Table of Contents

Part I: Introduction1. Introduction2. Analogous Claims3. Contribution, reimbursement, and unjust enrichment4. Mapping the lawPart II: Practical issues5. Practice and procedurePart III: The components of a claim6. The claimant and the defendant are both legally liable to the creditor7. The creditor may not accumulate recoveries from the claimant and the defendant8. The creditor can recover in full from the claimant or the defendant9. The defendant's liability is discharged by the claimant's payment to the creditor10. Apportionment between the claimant and the defendantPart IV: Defences11. Defences going to the claimant's liability to the creditor12. Defences going to the defendant's liability to the creditor13. Defences going to the defendant's liability to the claimantPart V: Remedies14. RemediesAppendixMercantile Law Amendment Act 1865, s 5Partnership Act 1890, s 24Marine Insurance Act 1906, ss 32 and 80Carriage of Goods by Road Act 1965, ss 1 and 5, and Schedule, arts 34-40Civil Liability (Contribution) Act 1978Merchant Shipping Act 1995, ss 187-190Civil Procedure Rules 1998 (SI 1998/3132), Parts 20 and 51Practice Direction: Counterclaims and other Part 20 Claims

Editorial Reviews

`a ground-breaking work. Anyone facing a problem in subrogation, whether as an element of restitution, commercial law, or equity, should begin by consulting this book...The lawyer who starts with this work, though, will have the benefit not only of Mitchell's principled and well-structuredanalysis, but also of his enviably concise style; and the result will be a sound understanding of the issues at hand.''Trust Law International