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The Law of Subrogation - Charles Mitchell

The Law of Subrogation

Hardcover Published: 26th January 1995
ISBN: 9780198259381
Number Of Pages: 224

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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.

Industry Reviews

`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 Commomwealth 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

Prefacep. v
List of Abbreviationsp. xxix
Introductionp. 1
Introductionp. 3
Preliminary Issuesp. 17
When Does Payment by an Intervener Discharge Another Party's Obligations?p. 19
When Can a Claimant Acquire Secured Rights Via Subrogation?p. 27
Legal Subrogation: Rules of General Applicationp. 35
Rules of General Applicationp. 37
Legal Subrogation: Unjust Factorsp. 49
Legal Compulsion I: Reviving Subrogationp. 51
Legal Compulsion Ii: Simple Subrogationp. 67
Duress and Undue Influencep. 97
Necessityp. 101
Mistakep. 108
Failure of Consideration I: Valid Contractsp. 136
Failure of Consideration Ii: Invalid Contractsp. 149
Volunteersp. 162
Contractual Subrogationp. 171
Contractual Subrogation and Assignmentp. 173
Bibliographyp. 178
Indexp. 187
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780198259381
ISBN-10: 0198259387
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 224
Published: 26th January 1995
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.39 x 15.6  x 1.42
Weight (kg): 0.49

Earn 328 Qantas Points
on this Book