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Equitable Compensation and Disgorgement of Profit

Equitable Compensation and Disgorgement of Profit

Name: Equitable Compensation and Disgorgement of Profit
Brand: Hart Publishing
SKU: 9781509901456
Price: 1639.30 HKD
Availability: InStock
Author: Simone Degeling; Jason NE Varuhas
ISBN: 9781509901456

Edited by Simone Degeling · Jason NE Varuhas

Hart Publishing April 2017

Specifications

ISBN-13: 9781509901456
Publisher: Hart Publishing
Publication: April 2017
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Paperback

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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