LAW CONTRIBUTION REIMBURSEMEN C

Erscheinungsjahr 2003
ISBN: 978-0-19-826880-2
Verlag: ACADEMIC

Buch, Englisch, 374 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 827 g

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.

Autoren/Hrsg.

Mitchell

Mitchell, Charles

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Wirtschaftsrecht Handels- und Gesellschaftsrecht Allgemeines und Gesamtdarstellungen (Gesellschaftsrecht)

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

Über Autor(innen)

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).