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The Law of Subrogation (Hardcover)
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The Law of Subrogation (Hardcover)
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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.
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