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Q&As
When can the doctrine of subrogation apply in the context of a general commercial agreement (ie outside the context of insurance)?
Subrogation allows a person (A) to bring a claim for losses against a third party (C) where the right to bring such a claim has accrued to another (B). Such claims are common in the context of insurance, where the insurer (A) brings a claim against C to recover losses caused by C to B, and where A has paid out to B under the terms of the insurance policy. Subrogation is founded in equity and is aimed at the prevention of unjust enrichment by enabling A to step into B’s shoes to bring the action that accrues to B.
Subrogation amounts to a transfer of rights from one person to another without an assignment or assent and which takes place by operation of law: Orakpo v Manson Investments Ltd. Outside of the insurance sphere, subrogation may arise in a commercial agreement through a contractual provision such as an indemnity. For example, A
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