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Zusatztext 'a ground-breaking work. Anyone facing a problem in subrogation! whether as an element of restitution! commercial law! or equity! should begin by consulting this book...The lawyer who starts with this work! though! will have the benefit not only of Mitchell's principled and well-structured analysis! but also of his enviably concise style; and the result will be a sound understanding of the issues at hand.' Klappentext Subrogation means literally 'substitution'. The word is used in the context of English and Commonwealth law to denote a process by which one party is substituted to the position of another, that he may pursue that other's rights against a third party. This book seeks to rationalize the position of the doctrine of subrogation in the law of restitution. Within a systematic analytical framework, it gives a full account of the developing English and Commonwealth law of subrogation, and a selective use is also made of United States decisions. A number of false assumptions which have entered the case-law are exposed, and the principles upon which subrogation should be awarded are set on a regular basis. Subrogation is a remedy which can be awarded in many different contexts, and this definitive account will be useful not only to restitution lawyers, but also to academics and practitioners concerned with the law of property, family law, and commercial law (in particular, the law of insurance, bills of exchange, and principal and surety). This work provides a careful and thorough examination of the law of subrogation as it operates in English law today and as such it will be of invaluable assistance to all commercial lawyers. Zusammenfassung This book offers a rational and systematic account of the doctrine of subrogation within the general law of restitution. It deals fully and analytically with the law in England and the Commonwealth and makes selective use of US decisions. This definitive account will be useful not only to restitution specialists, but also to practitioners concerned with property and commercial law....
