Restitutionary Rights to Share in Damages: Carers' Claims - Hardcover

Simone Degeling

Hardcover

ISBN 10: 052180065X ISBN 13: 9780521800655

Publisher: Cambridge University Press, 2003

Synopsis

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.

About this title

Review

“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

Book Description

Degeling explains the phenomenon of shared damages by which a stranger to litigation is entitled to participate in the claimant's damages. Core examples are the carer of a victim of tort who shares in the victim's damages and the indemnity insurer which participates in the damages won by the insured. This will interest restitution and obligations lawyers, and tort and insurance lawyers, both academic and practitioner.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2003
• Language: English
• ISBN 10: 052180065X
• ISBN 13: 9780521800655
• Binding: Hardcover
• Number of pages: 314