Subrogation and Marshalling

Rory Gregson (University of Oxford, UK)

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Hardback

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English

Hart Publishing
31 October 2024

Private & Civil law: general works; Commercial law; Equity & trusts

Series: Hart Studies in Private Law

This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law.

Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else’s extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation’s role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.

By: Rory Gregson (University of Oxford UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509969227
ISBN 10: 1509969225
Series: Hart Studies in Private Law
Pages: 216
Publication Date: 31 October 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Part I: Introduction 1. What is Subrogation? 2. Six Controversies Part II: Is Subrogation Redundant? 3. Enrichment 4. At the Claimant’s Expense 5. Unjust 6. Defences 7. Effect Part III: Is Subrogation Justified? 8. Previous Attempts to Justify Subrogation 9. Subrogation and Tracing 10. Properly Distributing the Burden of a Debt 11. Marshalling 12. Conclusion

Rory Gregson is Associate Professor of Law at Merton College, University of Oxford, UK.