By Katy Barnett

This ebook defends the view that an award of an account of earnings (or 'disgorgement damages') for breach of agreement will occasionally be justifiable, and suits in the orthodox rules and circumstances in agreement legislations. although there's a few confusion as to while such an award might be made. the ethical bases for disgorgement damages are deterrence and punishment, which form the treatment in very important methods. Courts also are eager about vindication of the claimant's functionality curiosity, and it really is pivotal in those instances that the claimant can't procure a replacement functionality through an award of damages or particular reduction.

The publication argues that disgorgement damages may 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 occasion; and 'agency challenge' situations, the place the defendant grants the claimant he'll now not do a undeniable factor, and the claimant unearths it tricky to oversee the functionality. in addition, disgorgement will be complete or partial, and 'reasonable price damages' for breach of agreement are top understood as partial disgorgement instead of 'restitutionary damages'. Equitable bars to reduction also needs to be followed on the subject of disgorgement damages, as should still allowances for ability and effort.

This ebook might be of curiosity to agreement and advertisement attorneys, and may be in particular precious to someone with an curiosity in agreement treatments and restitution. It attracts on case legislations in a few universal legislation jurisdictions, essentially England and Wales, and Australia.

Show description

Read Online or Download Accounting for Profit for Breach of Contract: Theory and Practice (Hart Studies in Private Law) PDF

Best administrative law books

Pettet's Company Law (Longman Law Series)

Pettet, Lowry & Reisberg's corporation Lawoffers a worldly and entire evaluate of corporation legislation doctrine coupled with thorough research of the context during which the black letter ideas function. corporation legislation offers research of the theories, guidelines and wider social, financial and political affects which underpin the felony ideas.

Law, Memory, Violence: Uncovering the Counter-Archive

The call for for popularity, accountability, and reparations is often invoked within the wake of colonialism, genocide, and mass violence: there should be no sufferers with no reputation, no perpetrators with out accountability, and no justice with no reparations. Or so it sort of feels from law’s restricted repertoire for assembling the archive after ‘the disaster’.

Optimize Land Law

The Optimize sequence is designed to teach you ways to use your wisdom in evaluate. those concise revision publications hide the main in general taught themes, and supply you with the instruments to: comprehend the legislation and take into accout the detailsusing diagrams and tables all through to illustrate how the legislation matches togetherContextualise your knowledgeidentifying and explaining how one can practice felony ideas for very important casesproviding cross-references and extra studying that can assist you target larger in essays and examsAvoid universal misunderstandings and errorsidentifying universal pitfalls scholars come upon in school and in evaluate replicate seriously at the lawidentifying contentious parts which are up for debate and on which you'll have to shape an opinionApply what you will have realized in assessmentpresenting studying targets that replicate normal evaluation criteriaproviding pattern essay and examination questions, supported by way of end-of-chapter suggestions The sequence is additionally supported by means of accomplished on-line assets that let you song your growth in the course of the run-up to checks.

The Ontario Municipal Board: From Impact to Subsistence 1971-2016

The Ontario Municipal Board attracted energy to it from the time it used to be shaped in 1906 as a railway overseer and thereafter until eventually 1932 while it grew to become the regulatory tribunal for municipal financing and concrete and neighborhood making plans functions. through 2006, a similar executive of Ontario that had entrusted the OMB with pre-eminent authority because the provincial land use, expropriation, and improvement cost adjudicator with oversight strength over elected municipal councils, determined to merge its management and placement with 4 different forums and cross-appoint OMB individuals to these forums.

Additional resources for Accounting for Profit for Breach of Contract: Theory and Practice (Hart Studies in Private Law)

Sample text

Download PDF sample

Accounting for Profit for Breach of Contract: Theory and by Katy Barnett
Rated 4.69 of 5 – based on 18 votes