Damages and Restitution in UK Law

  • Recovery of Compound Interest as Restitution or Damages
    • No. 71-2, March 2008
    • The Modern Law Review
    • 0000
  • The Division of Marital Assets Following Divorce
    • No. 25-3, September 1998
    • Journal of Law and Society
    • 0000
    In this paper, several possible bases for post‐divorce asset division are examined from an economics‐of‐law perspective, focusing in particular on the incentives for opportunistic behaviour set up ...
    ... ... for opportunistic behaviour set up by the use of reliance,restitution, partnership, rehabilitation, and needs-based approaches. Thecurrent focus ... occur.The paper explores the case for using an expectations-damages approach,given that this can deter opportunistic divorce. The conclusions ... ...
  • Pacta Sunt Servanda: Contrasting Disgorgement Damages with Efficient Breaches under Article 74 CISG
    • No. 3, June 2018
    • LSE Law Review
    • Florence Eicher
    • LLM candidate, specialising in Competition, Innovation and Trade Law
    • 29-43
    The contractual remedy of disgorgement damages has increasingly gained acceptance in international legal practice. Disgorgement of profits can result from a situation in which contractual breach is...
    ... ... Additionally, the concept of disgorgement is not alien to the CISG and is allowed for restitution of goods under Article 84(2) CISG. This provision states that the buyer must account to the seller for all benefits which he has derived from the ... ...
  • REVISITING THE CONTRACTS SCHOLARSHIP OF STEWART MACAULAY. Eds Jean Braucher, John Kidwell and William C Whitford Oxford and Portland, Oregon: Hart Publishing (www.hartpub.co.uk), 2013. xiii + 443 pp. ISBN 9781849463010. £60.
    • No. , September 2013
    • Edinburgh Law Review
    • 434-436
    ... ... a party to a contract should in all cases be entitled to claim restitution of value conferred following a breach of contract by the other party; and ... gaining more by way of restitution than it would have by way of damages (under the latter remedy, the unfortunate outcome of a bad bargain would ... ...
  • Breach Remedies, Performance Excuses, and Investment Incentives
    • No. 28-4, 2011
    • The Journal of Law, Economics, & Organization
    • 717-733
    ... ... Expectation damages, for example, are known to provide efficient performance incentives for ... damages are the basic remedy, the promisee may require restitution instead. Or the promisor may lounge an impracticability defense if ... ...
  • Reconsidering Disgorgement for Wrongs
    • No. 62-2, March 1999
    • The Modern Law Review
    • 0000
    ... ... , and participants atthe International Conference on the Law of Restitution, University of Tel Aviv, May 1998, for theirthought-provoking comments on ... of this paper.1 ‘Disgorgement’, rather than ‘restitutionary damages’, is used so as to better differentiate between thisremedy and the ... ...
  • The Treatment of Teacher v Calder in AG v Blake
    • No. 65-2, March 2002
    • The Modern Law Review
    • 0000
    ... ... this: when a claimant seeking literal enforcement4establishes that damages are inadequate but nevertheless is denied the remedy heseeks, he will be ... restitution. The damages inWrotham Park amounted to minor disgorgement, but, building ... ...
  • Article 45 CISG
    • International sales law
    • Taylor and Francis
    • 493-498
    ... ... (b) claim damages as provided in articles 74 to 77 ... 2. The buyer is not deprived of any ... Claimant maintains that in addition to this claim for restitution of the ... amount paid to Respondent under the L/C, it is entitled to ... ...
  • Reparation by Pecuniary Means of Direct Moral Damages Suffered by States as a Result of Internationally Wrongful Acts
    • No. 11-2, 2020
    • Journal of International Dispute Settlement
    • 242-261
    ... ... Indeed, the Factory at Chorzów decision stated that ‘restitution in kind, or, if this is not possible, payment of a sum corresponding to the value which a restitution in kind would bear; the award, if need be, of ... ...
  • Better than Fuller: A Two Interests Model of Remedies for Breach of Contract
    • No. 78-2, March 2015
    • The Modern Law Review
    • 0000
    The attempt to combine the contractual interests properly so‐called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ineradicably i...
    ... ... combine the contractual interests properly so-called with the restitution interestin the Fuller and Purdue three interests model of remedies for ... William Perdue Jr on ‘The Reliance Interest in Contract Damages’.4Though my own understanding of remedies remains based on Fuller ... ...
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