Restitutionary Rights to Share in Damages
By (author) Simone Degeling
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Restitutionary Rights to Share in Damages by Simone Degeling
Book DescriptionRights 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.
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Book DetailsISBN: 9780521036962
(228mm x 152mm x 18mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 21-Jun-2007
Country of Publication: United Kingdom
Books By Author Simone Degeling
Sourcebook on Equity and Trusts in Australia, Paperback (February 2016)
Encourages students to engage with the principles of equity and the law of trusts and to understand how they apply in the real world.
Restitutionary Rights to Share in Damages, Hardback (June 2003)» View all books by Simone Degeling
Degeling deals with particular configurations lying at the boundary between tort and unjust enrichment.
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