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The Law of Subrogation
By Charles Mitchell
228 pages
- Contributors:
- Publisher:
- Oxford University
- Place of publication:
- Oxford
- Publication year:
- 1994
- Subjects:
Synopsis
The doctrine of subrogation, where one party is substituted to the rights of another, is a remedy familiar to all commercial law practitioners. This book seeks to rationalize the position of the doctrine of subrogation within the general 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 ...
The doctrine of subrogation, where one party is substituted to the rights of another, is a remedy familiar to all commercial law practitioners. This book seeks to rationalize the position of the doctrine of subrogation within the general 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, commercial law, and even family law.
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Table of contents
The first page of every section is available free to non-members – click a section heading to start reading now!
- Title Page iii
- Preface v
- Contents vii
- Table of Cases x
- Table of Legislation xxvi
- List of Abbreviations xxix
- Part I Introduction 1
- 1: Introduction 3
- Part Ii Preliminary Issues 17
- 2 When Does Payment by an Intervener Discharge Another Party's Obligations? 19
- 3 When Can a Claimant Acquire Secured Rights Via Subrogation? 27
- Part Iii Legal Subrogation: Rules of General Application 35
- 4 Rules of General Application 37
- Part Iv Legal Subrogation: Unjust Factors 49
- 5 Legal Compulsion I: Reviving Subrogation 51
- 6 Legal Compulsion Ii: Simple Subrogation 67
- Title Page iii
- Preface v
- Contents vii
- Table of Cases x
- Table of Legislation xxvi
- List of Abbreviations xxix
- Part I Introduction 1
- 1: Introduction 3
- Part Ii Preliminary Issues 17
- 2 When Does Payment by an Intervener Discharge Another Party's Obligations? 19
- 3 When Can a Claimant Acquire Secured Rights Via Subrogation? 27
- Part Iii Legal Subrogation: Rules of General Application 35
- 4 Rules of General Application 37
- Part Iv Legal Subrogation: Unjust Factors 49
- 5 Legal Compulsion I: Reviving Subrogation 51
- 6 Legal Compulsion Ii: Simple Subrogation 67
- 7 Duress and Undue Influence 97
- 8 Necessity 101
- 9 Mistake 108
- 10 Failure of Consideration I: Valid Contracts 136
- 11 Failure of Consideration Ii: Invalid Contracts 149
- 12 Volunteers 162
- Part V Contractual Subrogation 171
- 13 Contractual Subrogation and Assignment 173
- Bibliography 178
- Index 187