Restitutionary Rights to Share in Damages (Hardcover)

Simone Degeling

ISBN 10: 052180065X / ISBN 13: 9780521800655

Editore: Cambridge University Press, Cambridge, 2003

Hardcover. 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. Degeling deals with particular configurations lying at the boundary between tort and unjust enrichment. This item is printed on demand. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. Codice articolo 9780521800655

Riassunto:

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

Recensione: “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

Dati bibliografici

Titolo: Restitutionary Rights to Share in Damages (...
Casa editrice: Cambridge University Press, Cambridge
Data di pubblicazione: 2003
Legatura: Hardcover
Condizione: new