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Equitable Compensation and Disgorgement of Profit (eBook)

Edited by: Simone Degeling, Jason NE Varuhas

ISBN13: 9781509901463
Published: August 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £37.79
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Also available as
Paperback (Hardback in 2017)
9781509931279
£43.99

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.

Subjects:
Equity and Trusts, Restitution, eBooks
Contents:
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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Cover of Consequences of Impaired Consent Transfers: A Structural Comparison of English and German Law
Consequences of Impaired Consent Transfers: A Structural Comparison of English and German Law
Birke Haecker
ISBN 9781849465656
Published November 2013
Hart Publishing
£85.00
Cover of Law of Private Nuisance (eBook)
Law of Private Nuisance (eBook)
Allan Beever
ISBN 9781782253402
Published September 2013
Hart Publishing
£49.50
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Cover of Law of Private Nuisance
Law of Private Nuisance
Allan Beever
ISBN 9781849465069
Published September 2013
Hart Publishing
£65.00
Cover of Iniuria and the Common Law
Iniuria and the Common Law
Edited by: Eric Descheemaeker, Helen Scott
ISBN 9781849465038
Published August 2013
Hart Publishing
£85.00
Cover of Iniuria and the Common Law (eBook)
Iniuria and the Common Law (eBook)
Edited by: Eric Descheemaeker, Helen Scott
ISBN 9781782253389
Published August 2013
Hart Publishing
£67.50
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Cover of Tort Law Defences (eBook)
Tort Law Defences (eBook)
James Goudkamp
ISBN 9781782251897
Published July 2013
Hart Publishing
£30.59
(ePub)
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Cover of Tort Law Defences
Tort Law Defences
James Goudkamp
ISBN 9781849462914
Published July 2013
Hart Publishing
£93.00
Cover of Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer (eBook)
Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer (eBook)
Helen Scott
ISBN 9781782251392
Published July 2013
Hart Publishing
£72.00
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Cover of Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer
Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer
Helen Scott
ISBN 9781849462235
Published July 2013
Hart Publishing
£90.00
Cover of The Restatement Third: Restitution and Unjust Enrichment: Critical and Comparative Essays
The Restatement Third: Restitution and Unjust Enrichment: Critical and Comparative Essays
Edited by: Charles Mitchell, William Swadling
ISBN 9781849464086
Published May 2013
Hart Publishing
£95.00
Cover of The Restatement Third: Restitution and Unjust Enrichment: Critical and Comparative Essays (eBook)
The Restatement Third: Restitution and Unjust Enrichment: Critical and Comparative Essays (eBook)
Edited by: Charles Mitchell, William Swadling
ISBN 9781782251378
Published May 2013
Hart Publishing
£81.00
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Cover of Restitution of Overpaid Tax
Restitution of Overpaid Tax
Edited by: Steven Elliott, Birke Hacker, Mitchell Charles
ISBN 9781849461733
Published April 2013
Hart Publishing
£180.00
Cover of Restitution of Overpaid Tax (eBook)
Restitution of Overpaid Tax (eBook)
Edited by: Steven Elliott, Birke Hacker, Mitchell Charles
ISBN 9781782251224
Published April 2013
Hart Publishing
£144.00
(ePub)
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Cover of Informal Carers and Private Law (eBook)
Informal Carers and Private Law (eBook)
Brian Sloan
ISBN 9781782250470
Published December 2012
Hart Publishing
£81.00
(ePub)
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Cover of Informal Carers and Private Law
Informal Carers and Private Law
Brian Sloan
ISBN 9781849462815
Published December 2012
Hart Publishing
£95.00
Cover of Enrichment in the Law of Unjust Enrichment and Restitution (eBook)
Enrichment in the Law of Unjust Enrichment and Restitution (eBook)
Andrew Lodder
ISBN 9781847319722
Published July 2012
Hart Publishing
£90.00
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Cover of Enrichment in the Law of Unjust Enrichment and Restitution
Enrichment in the Law of Unjust Enrichment and Restitution
Andrew Lodder
ISBN 9781849463294
Published July 2012
Hart Publishing
£120.00
Cover of Accounting for Profit for Breach of Contract: Theory and Practice
Accounting for Profit for Breach of Contract: Theory and Practice
Katy Barnett
ISBN 9781849462518
Published May 2012
Hart Publishing
£93.00
Cover of Accounting for Profit for Breach of Contract: Theory and Practice (eBook)
Accounting for Profit for Breach of Contract: Theory and Practice (eBook)
Katy Barnett
ISBN 9781847319524
Published May 2012
Hart Publishing
£76.50
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Cover of Fault Lines in Equity (eBook)
Fault Lines in Equity (eBook)
Edited by: Jamie Glister, Pauline Ridge
ISBN 9781847319449
Published May 2012
Hart Publishing
£90.00
(ePub)
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Cover of Fault Lines in Equity
Fault Lines in Equity
Edited by: Jamie Glister, Pauline Ridge
ISBN 9781849462198
Published May 2012
Hart Publishing
£120.00