Restitutionary Rights to Share in Damages by Simone Degeling
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Restitutionary Rights to Share in Damages
By Simone Degeling

Restitutionary Rights to Share in Damages

Carers' Claims

By (author) See other recent books by Simone Degeling
Format: Paperback

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Restitutionary Rights to Share in Damages by Simone Degeling

Book Description

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.

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Book Details

ISBN: 9780521036962
ISBN-10: 0521036968
Format: Paperback
(228mm x 152mm x 18mm)
Pages: 316
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 21-Jun-2007
Country of Publication: United Kingdom

Other Editions...


Books By Author Simone Degeling

Sourcebook on Equity and Trusts in Australia by 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 by Simone Degeling Restitutionary Rights to Share in Damages, Hardback (June 2003)

Degeling deals with particular configurations lying at the boundary between tort and unjust enrichment.

» View all books by Simone Degeling

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