Accounting for profit for breach of contract theory and practice Katy Barnett.

Format:

Book

Author/Creator:

Barnett, Katy (Katy Eloise), author.

Series:

Hart Studies in Private Law

Hart Studies in Private Law ; v.2

Language:

English

Subjects (All):

Lost profits damages.

Damages.

Breach of contract.

Contracts.

Physical Description:

1 online resource (257 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2012.

Language Note:

English

Summary:

This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in contract law. However there is some confusion as to when such an award should be made. The moral bases for disgorgement damages are deterrence and punishment, which shape the remedy in important ways. Courts are also concerned with vindication of the claimant's performance interest, and it is pivotal in these cases that the claimant cannot procure a substitute performance via an award of damages or specific relief. The book argues that disgorgement damages should be available in two categories of case: 'second sale' cases, where the defendant breaches his contract with the claimant to make a more profitable contract with a third party; and 'agency problem' cases, where the defendant promises the claimant he will not do a certain thing, and the claimant finds it difficult to supervise the performance. Moreover, disgorgement may be full or partial, and 'reasonable fee damages' for breach of contract are best understood as partial disgorgement rather than 'restitutionary damages'. Equitable bars to relief should also be adopted in relation to disgorgement damages, as should allowances for skill and effort. This book will be of interest to contract and commercial lawyers, and will be especially valuable to anyone with an interest in contract remedies and restitution. It draws on case law in a number of common law jurisdictions, primarily England and Wales, and Australia

Contents:

Introduction

Rationales behind disgorgement damages

The claimant's "legitimate interest" and the role of substantiability

'Second sale' cases

'Agency problem' cases

The role of 'restitutionary damages'

Allowances and bars to relief

Conclusion

1 Introduction

2 Rationales Behind Disgorgement Damages

3 The Claimant's 'Legitimate Interest' and the Role of Substitutability

4 'Second Sale' Cases

5 'Agency Problem' Cases

6 The Role of 'Restitutionary Damages'

7 Allowances and Bars to Relief

8 Conclusion

Notes:

Based on the author's thesis (Ph. D.)--University of Melbourne, 2010

Includes bibliographical references (pages [215]-226) and index

ISBN:

9781847319524

1847319521

9781472561176

1472561171

9781283657839

128365783X

9781847319517

1847319513

OCLC:

815650994