Restitutionary Rights to Share in Damages Carers' Claims

Degeling explains the phenomenon of shared damages by which a stranger to litigation is entitled to participate in the claimant's damages. Core examples are the carer of a victim of tort who shares in the victim's damages and the indemnity insurer which participates in the damages won by the insured. This will interest restitution and obligations lawyers, and tort and insurance lawyers, both academic and practitioner.This book explains the phenomenon of shared damages by which a stranger to litigation is entitled to share in the damages recovered. Two prominent examples are the carer, who is entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, which is entitled to participate in damages won by the insured. Degeling solves these difficult configurations which lie at the boundary between tort and unjust enrichment, arguing that the right to share is given to reverse the claimants unjust enrichment which would otherwise remain.This book explains the phenomenon of shared damages by which a stranger to litigation is entitled to share in the damages recovered. Two prominent examples are the carer, who is entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, which is entitled to participate in damages won by the insured. Degeling solves these difficult configurations which lie at the boundary between tort and unjust enrichment, arguing that the right to share is given to reverse the claimant's unjust enrichment which would otherwise remain. This book will interest restitution lawyers, insurance lawyers, tort lawyers and obligations lawyers, academic and practitioner, as well as academic institutions and court libraries.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.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.'... careful analysis and thoughtful proposals ...'. Ken Oliphant, Cardiff UniversityIt 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 ReviewDegeling deals with particular configurations lying at the boundary between tort and unjust enrichment.