Equitable Compensation and Disgorgement of Profit
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.
Table Of Contents
1. Equity's Personal Monetary Remedies
Simone Degeling and Jason NE Varuhas
2. Disgorgement of Profit and Fiduciary Loyalty
3. Justice, Redress, and the Right to Do Wrong
Andrew S Gold
4. Equitable Compensation-An Overview
5. An English Misturning with Equitable Compensation
7. Falsifying the Trust Account and Compensatory Equitable Compensation
8. Causation in the Restoration of a Misapplied Trust Fund: Fundamental Norm or Red Herring?
9. Accounts of Profits and Third Parties
10. Monetary Remedies for Equitable Participatory Liability: General Principles and Current Questions
11. Equitable Compensation for Equitable Estoppels
12. Rudiments of the Equitable Remedy of Compensation for Breach of Confidence
13. Rescission, Restitution and Compensation
14. Discretion and Equitable Compensation
|Author(s)||Degeling, S and Varuhas, J|