Accounting for Profit for Breach of Contract: Theory and by Katy Barnett PDF

By Katy Barnett

This booklet 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 rules and situations in agreement legislation. even if there's a few confusion as to while such an award may 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 really is pivotal in those situations that the claimant can't procure a alternative functionality through an award of damages or particular reduction.

The ebook argues that disgorgement damages could be to be had 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 gives you the claimant he'll no longer do a definite factor, and the claimant reveals it tough to oversee the functionality. in addition, disgorgement will be complete or partial, and 'reasonable price 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 should still allowances for ability and effort.

This e-book can be of curiosity to agreement and advertisement attorneys, and may be specially important to somebody with an curiosity in agreement treatments and restitution. It attracts on case legislation 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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