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Restitutionary Rights to Share in Damages
Carers' Claims

$60.00 (C)

  • Date Published: December 2007
  • availability: Available
  • format: Paperback
  • isbn: 9780521036962

$ 60.00 (C)

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About the Authors
  • This book explains the phenomenon of shared damages by which a stranger to litigation is entitled to share in the damages recovered in a legal suit. Two prominent examples 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 damages won by the insured. Simone Degeling argues that the right to share is given to reduce the potential of the claimant's unjust enrichment. This analysis interests restitution and tort lawyers, as well as academic institutions and court libraries.

    • Identifies an unjust factor called the policy against accumulation
    • Detailed analysis of the position of a carer of a victim of tort
    • Explains the right of a third party, a stranger to the litigation, to share in the fund of damages recovered
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    Reviews & endorsements

    “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

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    Product details

    • Date Published: December 2007
    • format: Paperback
    • isbn: 9780521036962
    • length: 316 pages
    • dimensions: 229 x 153 x 19 mm
    • weight: 0.47kg
    • availability: Available
  • Table of Contents

    Table of cases
    List of key works
    1. Introduction
    Part I:
    2. Three leading carer cases
    3. Claims based on contractual and non-contractual promises to pay
    4. The carer's claim in unjust enrichment
    5. The carer's claim in tort
    Part II:
    6. Direct claims: the problem remains unsolved
    7. Insurance subrogation analogy
    8. The policy against accumulation
    Part III:
    9. The proprietary claim
    10. Conclusion

  • Author

    Simone Degeling, University of Nottingham

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