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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.' Informationen zum Autor Dr Charles Mitchell is a Reader in Law at King's College London, where he teaches trusts, unjust enrichment, contract, insurance, and company law. His research interests lie in these fields, and also in the area of voluntary sector law and policy. He is the author of The Law of Subrogation (Clarendon Press, 1994) and co-editor (with Sue Moody) of Foundations of Charity (Hart Publishing, 2000). Klappentext 0 Zusammenfassung Situations can give rise to questions of how two parties' common liability should be shared and how their relationships with the third party, and with one another, should be adjusted so as to ensure that they each pay their proper share. This book is based on the rules of English law which determine the answers to these questions. Inhaltsverzeichnis Part I: Introduction 1: Introduction 2: Analogous Claims 3: Contribution, reimbursement, and unjust enrichment 4: Mapping the law Part II: Practical issues 5: Practice and procedure Part III: The components of a claim 6: The claimant and the defendant are both legally liable to the creditor 7: The creditor may not accumulate recoveries from the claimant and the defendant 8: The creditor can recover in full from the claimant or the defendant 9: The defendant's liability is discharged by the claimant's payment to the creditor 10: Apportionment between the claimant and the defendant Part IV: Defences 11: Defences going to the claimant's liability to the creditor 12: Defences going to the defendant's liability to the creditor 13: Defences going to the defendant's liability to the claimant Part V: Remedies 14: Remedies Appendix Mercantile Law Amendment Act 1865, s 5 Partnership Act 1890, s 24 Marine Insurance Act 1906, ss 32 and 80 Carriage of Goods by Road Act 1965, ss 1 and 5, and Schedule, arts 34-40 Civil Liability (Contribution) Act 1978 Merchant Shipping Act 1995, ss 187-190 Civil Procedure Rules 1998 (SI 1998/3132), Parts 20 and 51 Practice Direction: Counterclaims and other Part 20 Claims ...
