Download e-book for iPad: Accounting for Profit for Breach of Contract: Theory and by Katy Barnett

By Katy Barnett

ISBN-10: 1849462518

ISBN-13: 9781849462518

This ebook defends the view that an award of an account of gains (or 'disgorgement damages') for breach of agreement will occasionally be justifiable, and matches in the orthodox ideas and circumstances in agreement legislations. besides the fact that there's a few confusion as to while such an award could be made. the ethical bases for disgorgement damages are deterrence and punishment, which form the treatment in vital methods. Courts also are interested by vindication of the claimant's functionality curiosity, and it's pivotal in those instances that the claimant can't procure a replacement functionality through an award of damages or particular aid.

The publication argues that disgorgement damages can be on hand in different types of case: 'second sale' instances, the place the defendant breaches his agreement with the claimant to make a extra ecocnomic agreement with a 3rd celebration; and 'agency challenge' instances, the place the defendant gives you the claimant he'll now not do a undeniable factor, and the claimant reveals it tough to oversee the functionality. furthermore, disgorgement might be complete or partial, and 'reasonable expense damages' for breach of agreement are most sensible understood as partial disgorgement instead of 'restitutionary damages'. Equitable bars to reduction also needs to be followed with regards to disgorgement damages, as may still allowances for ability and effort.

This ebook can be of curiosity to agreement and advertisement legal professionals, and may be specially priceless to somebody with an curiosity in agreement treatments and restitution. It attracts on case legislation in a couple of universal legislations jurisdictions, essentially England and Wales, and Australia.

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Accounting for Profit for Breach of Contract: Theory and Practice (Hart Studies in Private Law) by Katy Barnett

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