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Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

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Equitable Compensation and Disgorgement of Profit

Edited by: Simone Degeling, Jason N. E. Varuhas

ISBN13: 9781509901456
To be Published: February 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



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
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

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
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Accessory Liability ISBN 9781509914104
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Private Law in the 21st Century ISBN 9781509908585
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Informal Carers and Private Law ISBN 9781849462815
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Informal Carers and Private Law (eBook) ISBN 9781782250470
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Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
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