Equitable Damages and Restitution in UK Law
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Consumer Redress Legislation: Simplifying or Subverting the Law of Contract
The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice ...... ... part considers the second tier right to damages. In both cases, the statutory scheme requires ... clearly draws on the remedies of restitution, rescission and damages pro vided in response to equitable and tor- tious wrongs. Howe ver, the regime does ... ...
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Restitution following Termination of Contract: a Contractual or Enrichment Remedy?
... ... the enrichment was not as great as that claimed) and it was not equitable to order repayment ... LORD TYRE'S DECISION ... Lord Tyre, examining the ... cases of breach of contract the party aggrieved has an action for damages, but in addition to this, and whether damages have been suffered or not, ... ...
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Reconsidering Disgorgement for Wrongs
... ... Conference on the Law of Restitution, University of Tel Aviv, May 1998, for their ... ’, rather than ‘restitutionary damages’, is used so as to better differentiate between ... wider compass than fiduciary duties and equitable duties of confidence ... Within this class, ... ...
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Profits from Wrongdoing: Private and Public Law Perspectives
... ... the principle that the purpose of damages awarded for breach of contract is simply to cover ... some doubt about the nature of such equitable damages. The best explanation, which insists that ... , in the area of unjust enrichment and restitution, of academic influence in rapid development of ... ...
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Missing Reliance
Book reviewed in this article: Andrew Burrows, Understanding the Law of Obligations: Essays on Contract,Tort and Restitution... ... : Essays on Contract, Tort and Restitution" , Oxford: Hart Publishing, 1998, xxiv + 223, hb, \xC2" ... fact the remedy is available only where damages are inadequate, which is plausibly understood to ... received, and in equity by way of an equitable proprietary claim or claim under a constructive ... ...
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The Treatment of Teacher v Calder in AG v Blake
... ... literal enforcement 4 establishes that damages are inadequate but nevertheless is denied the ... Cairns’ Act to award the claimant equitable damages, which were estimated as the price the ... has its jurisprudential foundation in restitution. The damages in Wrotham Park amounted to minor ... ...
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Tracing Money through Art Transactions
‘Tracing’ is the means by which a person who has been wrongly deprived of a thing attempts to identify and follow that thing, or its substitute in value, into the hands of other persons to whom the...... ... his assets and/or make a claim in restitution in respect of those assets.1 TWO TYPES OF TRACING ... -eties: — common law tracing; and — equitable tracing. The rules of common law and equitable ... for delivery up of the goods (as well as damages if the substituted asset is worth less than the ... ...
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Unjust Enrichment and Change of Position
Unjust enrichment is a highly debated and complex legal device, which gives rise to multiple legal problems. One of the difficulties arising within the law of unjust enrichment is that of the secur...... ... of the legal obligation to make restitution is not always aware of the existence of that ... edge of the law, being found ed upon equitable considerations rather than in legal solutions. 2 ... enrichment and the imposition of penal damages on the defendant, such benefits should in ... ...
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Extending Equity s Reach through the Mutual Wills Doctrine?
... ... requirements for the operation of the equitable mutual wills doctrine, whereby a remedial ... ‘Mutual Wills and the Law of Restitution’ (1989) 105 LQR 534. 6 119901 2 Qd R ... As an alternative, he claimed damages for breach of contract. All the ... ...
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Change of Position
... ... a prim facie obligation to make restitution. Nevertheless, an action for restitution will ... of position could be equated with equitable estoppel in accordance with the description ... , Handbook on the Law of Remedies: Damages, Equity, Restitution (St Paul: West ... ...
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