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.

This two-volume set of St. Ephraim's refutations of Mani, Marcion, and Bardaisan is presented in a bilingual edition with the Syriac original and English translation. The prose refutations are an important component to the understanding of one of the most important patriarchs of Eastern Christianity.

This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.

Subrogation: Law and Practice provides a clear and accessible account of subrogation, explaining when claimants are entitled to the remedy, how they should formulate their claims, and what practical difficulties they might encounter when attempting to enforce their subrogation rights. Although subrogation is a remedy that is frequently claimed in Chancery and commercial practice, the reasons why it is awarded and the way it works can often be misunderstood. In this text authors aim to present the subject in clear and simple terms through a structure that is readily accessible and of benefit to practitioners. Following an introductory overview, and discussion of the rules which determine the discharge of obligations by payment, the book is divided into three parts. Part II considers subrogation to extinguished rights, and explains all the consequences of the House of Lords' finding in Banque Financiere de la Cite v Parc (Battersea) Ltd that this form of subrogation is a remedy for unjust enrichment. The discussion examines the requirements that the defendant has been enriched, and that this enrichment has been gained at the claimant's expense. It also considers the most important reasons why a court might find that a defendant's enrichment is unjust, the defences which can be raised to a claim, the form of the remedy, and additional practical issues. Part III looks at insurers' claims to be subrogated to their insureds' subsisting rights, and carefully analyses the substantial body of case law on this subject which has built up over the past two hundred years. Finally, Part IV concerns the special insolvency rules which entitle claimants to acquire an insolvent party's subsisting indemnity rights against a third party. The discussion takes in claims under the Third Parties (Rights against Insurers) Act 1930 and claims by the creditors of trustees to be indemnified out of the trust estate. This work explains the underlying principles and practical operation of subrogation and is a readily accessible guide for the busy professional.

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.

Underhill & Hayton Law of Trusts and Trustees is our flagship Trusts title and is recognised as being the leading book in the market. Written by renowned experts in the field this major work provides practitioners with expert commentary on the law of trusts and trustees and is a guide to all legal developments relating to trusts. It examines legislation and case law, including cases from significant offshore trust jurisdictions likely to affect UK trust law - beneficial to those working in Trusts both at legal practices as well as banks and accountancy firms. It has been fully updated from the 19th edition. Its easy reference format takes you through the definitions of trusts, administration of trusts and consequences of breaches of trust. Whatever stage you are advising clients at, you will find all the information you need in Underhill and Hayton.

Goff & Jones is the leading work on the law of unjust enrichment. Successive editions have played a major role in establishing the central importance of the subject for private and commercial lawyers and developing its key concepts and principles. The text is comprehensive in coverage and written by highly respected scholars who explain all of the rules governing claims in unjust enrichment and discuss how these have been applied through detailed examination of the case-law. The book is frequently cited in courts throughout the Commonwealth and continues to signpost future developments in the field. The new 10th edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Several chapters have been wholly or substantially rewritten to take account of significant new cases, and their impact on topics including the recovery of benefits from remote recipients, the recovery of benefits transferred on a condition that fails, the recovery of ultra vires payments by public bodies, the limitation rules governing claims in unjust enrichment and interest awards on such claims. The 10th edition deals with the following six key matters in relation to making a claim: Explains how a claim in unjust enrichment can be precluded where a defendant's enrichment is mandated by a statute, judgment, natural obligation, or contract Analyses the principles governing the identification and valuation of enrichment, and explains how these apply to claims for different types of benefit Considers the requirement that a defendant's gain has been acquired at the claimant's expense Discusses the different grounds for restitution: lack of consent and want of authority; mistake; duress; undue influence and unconscionable bargains; failure of basis; free acceptance; necessity; secondary liability; ultra vires receipts and payments by public bodies; etc Examines defences including change of position; ministerial receipt; bona fide purchase; estoppel; counter-restitution impossible; passing on; limitation; legal incapacity; illegality Details the personal and proprietary remedies for unjust enrichment The new edition contains detailed discussion of the following cases of major importance: Investment Trust Companies (in liq.) v HMRC [2018] A.C. 275 (exclusion of unjust enrichment by statute; enrichment acquired "at the claimant's expense"); Swynson Ltd v Lowick Rose LLP (in liq.) [2018] A.C. 313 (enrichment acquired "at the claimant's expense"; subrogation); Littlewoods Retail Ltd v HMRC (No.2) [2018] A.C. 869 (exclusion of unjust enrichment by statute); Prudential Assurance Co Ltd v HMRC [2019] A.C. 929 (enrichment acquired "at the claimant's expense"); Vodafone Ltd v Office of Communications [2020] Q.B. 857 (counterfactual arguments against Woolwich claims); Test Claimants in the FII Group Litigation v HMRC [2022] A.C. 1 (limitation rules governing claims founded on mistake); Test Claimants in the FII Group Litigation v HMRC [2021] 1 W.L.R. 4354 ("netting off" of defendant's gains and losses; interest awards) Pakistan International Airline Corp v Times Travel (UK) Ltd [2021] 3 W.L.R. 727 (lawful act duress). School Facility Management Ltd v Christ the King College [2021] 1 W.L.R. 6129 (counter-restitution and change of position); Samsoondar v Capital Insurance Co Ltd [2021] 2 All E.R. 1105 (pleading of unjust enrichment claims); Dargamo Holdings Ltd v Avonwick Holdings Ltd [2022] 1 All E.R. (Comm.) 1244 (failure of basis; relation between contract and unjust enrichment)

This is a new release of the original 1948 edition.

Boyz will be Boyz is a children's book that is written essentially for tween boys that are reluctant readers. It is fun and funny The boys get into things and do silly things that all boys do all around the world. It shows boys of color that they do all of the everyday silly things that any other boy does. This book is an Afrocentric book, but not limited to boys of color.

Title: Arvon: or, the Trials. A legend.Publisher: British Library, Historical Print EditionsThe British Library is the national library of the United Kingdom. It is one of the world's largest research libraries holding over 150 million items in all known languages and formats: books, journals, newspapers, sound recordings, patents, maps, stamps, prints and much more. Its collections include around 14 million books, along with substantial additional collections of manuscripts and historical items dating back as far as 300 BC.The FICTION & PROSE LITERATURE collection includes books from the British Library digitised by Microsoft. The collection provides readers with a perspective of the world from some of the 18th and 19th century's most talented writers. Written for a range of audiences, these works are a treasure for any curious reader looking to see the world through the eyes of ages past. Beyond the main body of works the collection also includes song-books, comedy, and works of satire. ++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++ British Library Charles, Charles Mitchell; 1854. 2 vol.; 8 . 12628.e.9.

Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone!

Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone!

This scarce antiquarian book is a selection from Kessinger Publishing's Legacy Reprint Series. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment to protecting, preserving, and promoting the world's literature. Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone!