Equitable Compensation And Disgorgement Of Profit
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Equitable Compensation And Disgorgement Of Profit
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Author : Simone Degeling
language : en
Publisher:
Release Date : 2014
Equitable Compensation And Disgorgement Of Profit written by Simone Degeling and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Compensation categories.
Equitable Compensation And Disgorgement Of Profit
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Author : Simone Degeling
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-04-06
Equitable Compensation And Disgorgement Of Profit written by Simone Degeling and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-06 with Law categories.
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.
Restitution And Equity Volume 1 Resulting Trusts And Equitable Compensation
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Author : Peter Birks
language : en
Publisher: Taylor & Francis
Release Date : 2020-11-25
Restitution And Equity Volume 1 Resulting Trusts And Equitable Compensation written by Peter Birks and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-25 with Law categories.
The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.
Disgorgement Of Profits
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Author : Ewoud Hondius
language : en
Publisher: Springer
Release Date : 2015-08-12
Disgorgement Of Profits written by Ewoud Hondius and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-12 with Law categories.
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.
Equitable Compensation And Disgorgement Of Profit
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Author : Simone Degeling
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-04-06
Equitable Compensation And Disgorgement Of Profit written by Simone Degeling and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-06 with Law categories.
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.
Restitution And Equity
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Author : Peter Birks
language : en
Publisher:
Release Date : 2000
Restitution And Equity written by Peter Birks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Resulting trusts categories.
Restitution And Equity
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Author :
language : en
Publisher:
Release Date : 2000
Restitution And Equity written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
The Law Of Equitable Remedies
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Author : Jeffrey Bruce Berryman
language : en
Publisher: Essentials of Canadian Law
Release Date : 2013
The Law Of Equitable Remedies written by Jeffrey Bruce Berryman and has been published by Essentials of Canadian Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification. Beyond these substantive equitable remedies the Supreme Court has also opined on a number of occasions about the nature of modern equity in Canada; in effect, breathing life into equity's distinctive methodology. New areas covered in this edition include the maxims of equity; the appropriate default test for interlocutory injunctions including new discussion on when it is appropriate to allow a view of the merits of the substantive dispute to determine the interlocutory proceedings; the general principles of specific performance, including a critique of the current law on enforcement of keep-open clauses; the contemporary impact of the Supreme Court of Canada's rulings on the availability of specific performance, particularly for those who invest in l∧ a discussion of equitable damages and equitable compensation which includes new commentary on when damages are assessed that go beyond compensation and toward disgorgement; and new material on rectification, including a section on rectification and taxation cases.
Patent Remedies And Complex Products
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Author : C. Bradford Biddle
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-27
Patent Remedies And Complex Products written by C. Bradford Biddle and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-27 with Business & Economics categories.
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Remedies For Torts And Breach Of Contract
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Author : Andrew S. Burrows
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
Remedies For Torts And Breach Of Contract written by Andrew S. Burrows and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Breach of contract categories.
Now in its third edition this popular text has been comprehensively rewritten to take account of all new developments in the law, as well as Law Commission reports and academic writings. The book has also been restructured and divided into parts which correspond to the primary functions of the remedies for torts and breach of contract, namely compensation, restitution and punishment, compelling performance or preventing (or compelling the undoing of) a wrong, and declaring rights. Reflecting their increased importance in practice, and the considerable recent academic attention devoted to them, there is also a new chapter on remedies for equitable wrongs such as breach of fiduciary duty and reach of confidence.