Subrogation and Marshalling

Rory Gregson (University of Oxford, UK)

$170

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Hart Publishing
31 October 2024

Private & Civil law: general works; Commercial law; Equity & trusts

Series: Hart Studies in Private Law

This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law.

Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else’s extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation’s role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.

By: Rory Gregson (University of Oxford UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 236mm, Width: 154mm, Spine: 18mm
Weight: 460g
ISBN: 9781509969227
ISBN 10: 1509969225
Series: Hart Studies in Private Law
Pages: 216
Publication Date: 31 October 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Part I: Introduction 1. What is Subrogation? 2. Six Controversies Part II: Is Subrogation Redundant? 3. Enrichment 4. At the Claimant’s Expense 5. Unjust 6. Defences 7. Effect Part III: Is Subrogation Justified? 8. Previous Attempts to Justify Subrogation 9. Subrogation and Tracing 10. Properly Distributing the Burden of a Debt 11. Marshalling 12. Conclusion

Rory Gregson is Associate Professor of Law at Merton College, University of Oxford, UK.

Reviews for Subrogation and Marshalling

Gregson’s proposal – in the existing categories of subrogation that turn on the actual or presumed intentions of the parties, subrogation enables the proper distribution of the burden of a debt – is an elegant rationalisation of a wide range of difficult cases … His book makes for an excellent belated Christmas present for the subrogation lawyer in your life. Highly recommended. * Cearta.ie – the Irish for Rights *