TY - BOOK ID - 77861144 TI - Restitutionary rights to share in damages PY - 2003 SN - 1107130255 1280430303 0511179278 051106327X 0511203187 051130630X 0511495501 0511071736 9780511179273 9780511063275 9780511071737 9780511495502 9780521800655 052180065X 052180065X 9780521036962 9781107130258 9781280430305 9780511203183 0521036968 9780521036962 PB - Cambridge Cambridge University Press DB - UniCat KW - Damages KW - Third parties (Law) KW - Restitution KW - Unjust enrichment KW - Benefits, Unjustified KW - Enrichment, Unjust KW - Unjustified benefits KW - Civil law KW - Contracts KW - Quasi contracts KW - Third persons KW - Dispute resolution (Law) KW - Law KW - General and Others KW - Damages - Great Britain KW - Third parties (Law) - Great Britain KW - Restitution - Great Britain KW - Unjust enrichment - Great Britain UR - https://www.unicat.be/uniCat?func=search&query=sysid:77861144 AB - 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. ER -