Damages and Restitution in UK Law
- Recovery of Compound Interest as Restitution or Damages
The Division of Marital Assets Following Divorce
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. The current ... 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
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 ... ...
... ... Report (1996) 382, 390 Aggravated, Exemplary and Restitutionary Damages, Law Commission Report (1997) 860 Cloning Issues in Reproduction, ... REMEDIES Punitive damages 860 Restitutionary damages 860 RESTITUTION Damages 860 Enrichment and rescission 255 Theory 580 TAXATION Corrective ... ...
The Treatment of Teacher v Calder in AG v Blake
... ... : when a claimant seeking literal enforcement 4 establishes that damages are inadequate but nevertheless is denied the remedy he seeks, he will be ... gains from breach which has its jurisprudential foundation in restitution. The damages in Wrotham Park amounted to minor disgorgement, but, ... ...
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.
... ... 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 ... ...
Reconsidering Disgorgement for Wrongs
... ... and participants at the International Conference on the Law of Restitution, University of Tel Aviv, May 1998, for their thought-provoking comments on ... 1 ‘Disgorgement’, rather than ‘restitutionary damages’, is used so as to better differentiate between this remedy and the ... ...
Better than Fuller: A Two Interests Model of Remedies for Breach of Contract
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 interest in the Fuller and Purdue three interests model of remedies for ... student William Perdue Jr on ‘The Reliance Interest in Contract Damages’. 4 Though my own understanding of remedies remains based on Fuller and ... ...
The Law Commission Report on Aggravated, Exemplary and Restitutionary Damages
... ... Under this name they are not a traditional remedy; the expression has emerged from the academic development of the law of restitution. Despite the academic attention they have received, it remains controversial to what extent they are found in the common law, how they are to be ... ...
Restitution upon Rescission for Breach of Contract, Mutuality, and Unjustified Enrichment: Lyle v Webster
... ... The widow sought the return of her money by way of alternative claims: first, as damages for breach of three separate verbal (rather than implied) contracts in relation to, respectively, the accommodation, the transport services and the ... ...
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