Restitutionary Rights to Share in Damages

Carers' Claims

Simone Degeling (University of Nottingham)

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English

Cambridge University Press
21 June 2007

Civil remedies; Torts Law

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.

By: Simone Degeling (University of Nottingham)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 153mm, Spine: 19mm
Weight: 470g
ISBN: 9780521036962
ISBN 10: 0521036968
Pages: 316
Publication Date: 21 June 2007
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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.

Reviews for Restitutionary Rights to Share in Damages: Carers' Claims

"""It is written with great lucidity, a clear appreciation of some of its own controversies, and to high standards of scholarship ... it provides an important contribution to the debate about how carer rights should be configured in the context of tort litigation.' Law Quarterly Review '... careful analysis and thoughtful proposals ...' Ken Oliphant, Cardiff University"