Restitutionary Rights to Share in Damages

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.

Author: Simone Degeling

Publisher: Cambridge University Press

ISBN: 052180065X

Category: Law

Page: 312

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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.

Restitutionary Rights to Share in Damages

Severs, it is correct that the carer holds a direct claim against the victim or the tortfeasor, it is impossible to infer a right to share in the victim's damages from this direct right to claim. The existence of the carer's direct ...

Author: Simone Degeling

Publisher: Cambridge University Press

ISBN: 9781139435598

Category: Law

Page:

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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.

Research Handbook on Unjust Enrichment and Restitution

... emergency situations include the voluntary carers of tort victims (to the extent that they have the right to share in the ... Restitutionary Rights to Share in Damages: Carers' Claims (Cambridge, Cambridge University Press, 2003).

Author: Elise Bant

Publisher: Edward Elgar Publishing

ISBN: 9781788114264

Category: Law

Page: 544

View: 750

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This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.

Informal Carers and Private Law

20 A Burrows, The Law of Restitution, 3rd edn (Oxford, Oxford University Press, 2011) 48. 21 S Degeling, Restitutionary Rights to Share in Damages: Carers' Claims (Cambridge, Cambridge University Press, 2003) 60.

Author: Brian Sloan

Publisher: Bloomsbury Publishing

ISBN: 9781782250463

Category: Law

Page: 290

View: 684

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Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014

New Perspectives on Property Law

The policy applies whenever a claimant (R) receives a benefit, or has the right to recover a debt or damages from another ... 167–92; Degeling, S, Restitutionary Rights to Share in Damages: Carer's Claims (Cambridge University Press, ...

Author: Alistair Hudson

Publisher: Routledge

ISBN: 9781135334277

Category: Law

Page: 405

View: 437

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There is a huge body of case law that has built up over many years concerning obligations and restitution. Alastair Hudson's study draws attention to this aspect of the law with regard to property.

The Law and Ethics of Restitution

Cf. SIMONE DEGELING , RESTITUTIONARY RIGHTS TO SHARE IN DAMAGES : Carer CLAIMS AT COMMON LAW 191-230 ( 2003 ) ( discussing the law of restitution's policy against accumulation ) . 114 A similar reasoning of " locked - in " interests ...

Author: Hanoch Dagan

Publisher: Cambridge University Press

ISBN: 0521829046

Category: Business & Economics

Page: 402

View: 586

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This 2004 book provides acomprehensive account of the American law of restitution.

Unjust Enrichment

... Factor' in EJH Schrage (ed), Unjust Enrichment and the Law of Contract (The Hague, Kluwer Law International, 2001); S Degeling, Restitutionary Rights to Share in Damages: Carer's Claims (Cambridge, Cambridge University Press, 2003).

Author: James Edelman

Publisher: Bloomsbury Publishing

ISBN: 9781782255628

Category: Law

Page: 480

View: 593

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Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.

The Law of Restitution

... Chambers' Resulting Trusts;46 Alison Iones' Restitution and European Community Law;47 Edelman's Gain-Based Damages,“ Rotherham's Proprietary Remedies in Context;49 Degeling's Restitutionary Rights to Share in Damages: Carer's Claims ...

Author: Andrew Burrows

Publisher: Oxford University Press

ISBN: 9780199296521

Category: Law

Page: 789

View: 599

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This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.

Remedies in Australian Private Law

55 S Degeling, 'Carer's Claims: Unjust Enrichment and Tort [2000] RLR 172, 186–87; S Degeling, Restitutionary Rights to Share in Damages: Carers' Claims (CUP 2003)47. Personal remedies for unjust enrichment are discussed in Ch 17.

Author: Katy Barnett

Publisher: Cambridge University Press

ISBN: 9781108265850

Category: Law

Page:

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The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.

Tort Law

Duty of care and the supply of alcohol ' Supreme Court Law Review ( 2d ) 17:97 . Davies , D. 1993. ' Equitable compensation : causation ... Restitutionary Rights to Share in Damages : Carers ' Claims . Cambridge University Press .

Author: Nicholas J. McBride

Publisher: Pearson Education

ISBN: 027368678X

Category: Law

Page: 870

View: 351

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Now in its second edition, Tort Law makes this difficult area of the law easy to understand and master. Written in a lively, clear and friendly style, Tort Law tells students all they need to know in order to approach their exams in this subject with confidence.; Key features of this edition: * Explains and evaluates the rules and principles that make up English tort law in unparalleled depth and clarity* Discusses in detail the facts and decisions in hundreds of tort law cases* Introduces and critically considers the views of other tort law academics on a wide range of issues affecting tort l.