Equitable Compensation and Disgorgement of Profit

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Professor Simone Degeling (University of New South Wales) Professor Jason NE Varuhas (University of Melbourne, Australia)

Equitable Compensation and Disgorgement of Profit

Professor Simone Degeling (University of New South Wales), Professor Jason NE Varuhas (University of Melbourne, Australia)

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English

Hart Publishing
22 August 2019

Contract law; Equity & trusts

Series: Hart Studies in Private Law

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.

Edited by: Professor Simone Degeling (University of New South Wales), Professor Jason NE Varuhas (University of Melbourne, Australia)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 526g
ISBN: 9781509931279
ISBN 10: 1509931279
Series: Hart Studies in Private Law
Pages: 376
Publication Date: 22 August 2019
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Simone Degeling is Professor of Private Law in the University of New South Wales. Jason NE Varuhas is Associate Professor, University of Melbourne.