Equitable compensation and disgorgement of profit / edited by Simone Degeling and Jason Varuhas.

Format:

Book

Contributor:

Degeling, Simone, editor.

Varuhas, Jason, editor.

Series:

Hart studies in private law ; Volume 21.

Hart studies in private law ; v. 21

Language:

English

Subjects (All):

Compensation (Law).

Equity.

Rescission (Law).

Restitution.

Trusts and trustees.

Physical Description:

1 online resource (373 pages)

Place of Publication:

Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017.

Summary:

This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world

Contents:

Equity's personal monetary remedies

Simone Degeling and Jason Varuhas

Disgorgement of profit and fiduciary loyalty

Matthew Harding

Justice, redress, and the right to do wrong

Andrew S Gold

Equitable compensation : an overview

Julie Ward

An English misturning with equitable compensation

James Edelman

Brickenden

Matthew Conaglen

Falsifying the trust account and compensatory equitable compensation

James Penner

Causation in the restoration of a misapplied trust fund : fundamental norm or red herring?

Lusina Ho

Accounts of profits and third parties

Jamie Glister

Monetary remedies for equitable participatory liability : general principles and current questions

Pauline Ridge

Equitable compensation for equitable estoppels

Jessica Hudson

Rudiments of the equitable remedy of compensation for breach of confidence

PG Turner

Rescission, restitution, and compensation

Elise Bant

Discretion and equitable compensation

Simone Degeling.

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509901487

1509901485

9781509901463

1509901469

9781509901470

1509901477

OCLC:

960905479