Restitutionary Rights to Share in Damages

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.

This book explains the phenomenon of shared damages by which a stranger to litigation is entitled to share in the damages recovered. Two prominent examples are the carer, who is 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 solves these difficult configurations which lie at the boundary between tort and unjust enrichment, arguing that the right to share is given to reverse the claimant's unjust enrichment which would otherwise remain. This will interest restitution and tort lawyers, as well as academic institutions and court libraries.