Monetary Remedies for Equitable Participatory Liability: General Principles and Current Questions' in Simone Degeling and Jason Varuhas

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    Abstract

    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.
    Original languageEnglish
    Title of host publicationEquitable Compensation and Disgorgement of Profit
    EditorsSimone Degeling and Jason Varuhas
    Place of PublicationOxford
    PublisherHart Publishing
    Pages197-218pp
    Volume1
    Edition1
    ISBN (Print)9782509901456
    DOIs
    Publication statusPublished - 2017

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