Restitutionary rights to share in damages : carers' claims / Simone Degeling.

Format:

Book

Author/Creator:

Degeling, Simone, author.

Language:

English

Subjects (All):

Damages--Great Britain.

Damages.

Unjust enrichment.

Third parties (Law).

Great Britain.

Third parties (Law)--Great Britain.

Restitution--Great Britain.

Restitution.

Unjust enrichment--Great Britain.

Physical Description:

1 online resource (xxii, 290 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2003.

System Details:

text file

PDF

Summary:

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.

Notes:

Title from publisher's bibliographic system (viewed on 08 Oct 2015).

Other Format:

Print version:

ISBN:

9780511495502

Access Restriction:

Restricted for use by site license.