The Law of Contribution and Reimbursement
Format:Hardback
Publisher:Oxford University Press
Published:6th Feb '03
Currently unavailable, and unfortunately no date known when it will be back
The English law of contribution and reimbursement is essentially concerned with any situation where two parties must both pay a debt to a third party, compensate him for harm that he has suffered at their hands, or restore an enrichment which they have unjustly gained at his expense. These situations give rise to questions of how the 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. Contribution and reimbursement claims often arise in the course of complex multi-party litigation and the rules which govern their determination are scattered through the law reports and statute books. This book provides a clear guide through this maze of legislation and case law, and gives a detailed account of all the substantive and procedural rules in the area. It is an essential source of information for legal practitioners and academics seeking practical advice on this notoriously complex subject.
Review from other book by this author The time has been long overdue for a neat little book like Dr Mitchell's to unite and co-ordinate subrogation as a whole against the scheme of modern restitution scholarship ... this is a thoroughly decent and competent piece of work ... your reviewer enjoyed reading the book, liked thinking about the points it raised and is happy to recommend it to anyone else interested. * Cambridge Law Journal *
This text provides a thorough examination of the continuing development of the law of subrogation under the English and Commonwealth law. Reference is also made to the US position ... The text undertakes a rigorously analytical approach to its subject ... It will be of particular interest to restitution lawyers and academics. However, insurance lawyers will also find this text of assistance, particularly for its thorough examination of the principles on which a claim of subrogation ought to be based and for its detailed review of the relevant case law ... This is a well-researched and well-argued text and will provide a useful reference work for any lawyer seeking a greater understanding of the English and Commonwealth law of subrogation. * International Insurance Law Review *
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.' * Trust Law International *
ISBN: 9780198268802
Dimensions: 253mm x 179mm x 25mm
Weight: 755g
374 pages