Equitable Compensation and Disgorgement of Profit (Hart Studies in Private Law) - Softcover

Jason NE Varuhas; Simone Degeling

Softcover

ISBN 10: 1509931279 ISBN 13: 9781509931279

Publisher: Hart Publishing, 2019

Synopsis

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.

About this title

About the Authors

Simone Degeling is Professor of Private Law in the University of New South Wales.

Jason NE Varuhas is Professor at Melbourne Law School, University of Melbourne, Australia.

Edition details

• Publisher: Hart Publishing
• Publication date: 2019
• Language: English
• ISBN 10: 1509931279
• ISBN 13: 9781509931279
• Binding: Paperback
• Edition number: 1
• Number of pages: 376
• Editor: Jason NE Varuhas, Simone Degeling