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Equitable Compensation and Disgorgement of Profit

Equitable Compensation and Disgorgement of Profit

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509901456
  • Published In: February 2017
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 960.00

HKD 902.40 Save HKD 57.60 (6%)

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  • Description 
  • Contents 
  • Details

    This book considers in detail a number of issues at the forefront of scholarship and legal practice in equitable compensation, including:-

    • the relevant causation inquiry for equitable compensation;
    • whether notions of contribution apply to multiple agents;
    • accessorial liability and equitable compensation;
    • the role of discretion in limiting equitable compensation;
    • which wrongs yield equitable compensation.

    We customarily award equitable compensation for breach of fiduciary duty, but query what other wrongs are remedied by an award and the ambit of this remedy; and the interrelationship between different types of equitable money remedies.

    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.

  • I. Introduction

    II. Theoretical Foundations and Overarching Themes
    1. Justice and a Right to do Wrong (Andrew Gold, De Paul University)
    2. Accounting for Profits - Justice or Loyalty (Matthew Harding, University of Melbourne)
    3. Which Equitable Wrongs Generate Equitable Compensation and Why? (Justice Ward, New South Wales Court of Appeal)
    4. Monetary Liabilities of a Trustee (Justice Edelman, Western Australia Court of Appeal and Federal Court of Australia, from April 2015)
    5. Causation in Equitable Compensation: Fundamental Principle or Red Herring (Lusina Ho, Hong Kong University)
    6. What is Equitable about Equitable Compensation (Sarah Worthington, University of Cambridge)

    III. Particular Issues
    7. Lord Thankerton's dictum in Brickenden (Matthew Conaglen, University of Sydney)
    8. Equitable Compensation for Authorised Disbursements from Trust made in Circumstances of Actual or Potential Conflict (Jessica Hudson, UNSW Australia)
    9. Compensation for Equitable Duties of Confidence (Peter Turner, University of Cambridge)
    10. Equitable Compensation and the Liability to Account (James Penner, National University of Singapore)
    11. Multiple Accounts of Profits (Jamie Glister, University of Sydney)
    12. Remedies for Accessorial Liability (Pauline Ridge, ANU)
    13. Discretion and Equitable Compensation (Simone Degeling, UNSW Australia)
    14. Equitable Damages (Jason Varuhas, UNSW Australia and University of Cambridge)

    IV. Conclusion

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