RESTITUTIONARY RIGHTS TO SHARE IN DAMAGES CARERS CLAIMS

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Restitutionary Rights To Share In Damages

Author : Simone Degeling
ISBN : 1139435590
Genre : Law
File Size : 49.9 MB
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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.
Category: Law

Informal Carers And Private Law

Author : Brian Sloan
ISBN : 9781782250463
Genre : Law
File Size : 37.85 MB
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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
Category: Law

New Perspectives On Property Law

Author : Alistair Hudson
ISBN : 9781843145714
Genre : Law
File Size : 54.10 MB
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From Frankenstein to futuristic feminist utopias, Decoding Gender in Science Fiction examines the ways science fiction writers have incorporated, explored, and revised conventional notions of sexual difference. Attebery traces a fascinating history of men's and women's writing that covertly or overtly investigates conceptions of gender, suggesting new perspectives on the genre.
Category: Law

Structure And Justification In Private Law

Author : Charles E F Rickett
ISBN : 9781847317094
Genre : Law
File Size : 77.20 MB
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Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker
Category: Law

Resulting Trusts

Author : Robert Chambers
ISBN : 0198764448
Genre : Law
File Size : 32.6 MB
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The resulting trust has received little attention in recent years and this may be because, until relatively recently, the law relating to resulting trusts was thought to be settled and uncontroversial. Most of the current academic writing about resulting trusts is found in the established textbooks on equity and trusts, but these tend to provide little more than catalogues of the situations in which resulting trusts arise. There is, however, very little consensus on the principle by which the resulting trust operates, including the fundamental question whether it arises by opertaion of law or depends on the presumed intention to create a trust. This book examines the true nature of the resulting trust and the question whether the trusts brought into being to reverse unjust enrichment should not include resulting trusts. It then considers whether, when resulting trusts are properly understood, it does turn out that it is through the resulting trust that equity makes its principle contribution to reversing unjust enrichment. This book examines principally the case law of the UK, Canada and Australia, and it also makes reference to the views of academic commentators as found in the standard texts and law journals.
Category: Law

Books In Print

Author :
ISBN : UOM:39015062097749
Genre : American literature
File Size : 61.88 MB
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Books in print is the major source of information on books currently published and in print in the United States. The database provides the record of forthcoming books, books in-print, and books out-of-print.
Category: American literature

A Sourcebook On Equity And Trusts In Australia

Author : Michael Bryan
ISBN : 9781107663213
Genre : Law
File Size : 90.50 MB
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This title can be used as both a freestanding casebook and as a companion to the Equity and Trusts in Australia textbook. It follows a similar structure to Equity and Trusts in Australia and provides a selection of primary legal materials together with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools.
Category: Law

Landmark Cases In The Law Of Restitution

Author : Charles Mitchell
ISBN : 9781847310934
Genre : Law
File Size : 36.24 MB
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It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.
Category: Law