Restitutionary Rights to Share in Damages: Carers' ClaimsRights 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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Common terms and phrases
accumulate in respect argued Aust Torts Rep Australia award basis BCLR 2d benefit Birks Burrows carer’s entitlement carer’s intervention carer’s right chapter chose in action claimant contract Court of Appeal Cunningham damages recovered defendant direct claim DLR 3d DLR 4th duty duty of care entitled to share equitable lien example expenses facts fund of damages Hedley Byrne House of Lords Hunt Ibid indemnity insurer injury insurer's Kars Law of Restitution liability litigation lord bridge Lord Browne-Wilkinson Lord Denning lord goff Lord Millett Lord Templeman Mitchell negligence NSR 2d obligation to pay Oxford pay the carer payment person plaintiff policy against accumulation promise to pay pure economic loss pursuant reasonable recognise recovers damages relevant RH’s right to participate right to share South Yorkshire Police subrogation tort tortfeasor trust unjust enrichment unjust factor victim and carer victim's claim victim's damages