Read e-book online Accounting for Profit for Breach of Contract: Theory and PDF

By Katy Barnett

ISBN-10: 1849462518

ISBN-13: 9781849462518

This publication 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 instances in agreement legislations. in spite of the fact that there's a few confusion as to whilst such an award will be made. the ethical bases for disgorgement damages are deterrence and punishment, which form the therapy in vital methods. Courts also are occupied with 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 aid.

The ebook argues that disgorgement damages will be on hand in different types of case: 'second sale' situations, the place the defendant breaches his agreement with the claimant to make a extra ecocnomic agreement with a 3rd celebration; and 'agency challenge' circumstances, the place the defendant delivers the claimant he'll now not do a undeniable factor, and the claimant unearths it tough to oversee the functionality. additionally, disgorgement might be complete or partial, and 'reasonable cost damages' for breach of agreement are top understood as partial disgorgement instead of 'restitutionary damages'. Equitable bars to aid also needs to be followed when it comes to disgorgement damages, as should still allowances for ability and effort.

This publication could be of curiosity to agreement and advertisement legal professionals, and may be particularly priceless to a person with an curiosity in agreement treatments and restitution. It attracts on case legislations in a few universal legislations jurisdictions, basically 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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