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