This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief.
In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.
Simone Degeling is Professor of Private Law in the University of New South Wales. Jason NE Varuhas is Associate Professor, University of Melbourne.
1. Equity's Personal Monetary Remedies Simone Degeling and Jason NE Varuhas 2. Disgorgement of Profit and Fiduciary Loyalty Matthew Harding 3. Justice, Redress, and the Right to Do Wrong Andrew S Gold 4. Equitable Compensation-An Overview Julie Ward 5. An English Misturning with Equitable Compensation James Edelman 6. Brickenden Matthew Conaglen 7. Falsifying the Trust Account and Compensatory Equitable Compensation James Penner 8. Causation in the Restoration of a Misapplied Trust Fund: Fundamental Norm or Red Herring? Lusina Ho 9. Accounts of Profits and Third Parties Jamie Glister 10. Monetary Remedies for Equitable Participatory Liability: General Principles and Current Questions Pauline Ridge 11. Equitable Compensation for Equitable Estoppels Jessica Hudson 12. Rudiments of the Equitable Remedy of Compensation for Breach of Confidence PG Turner 13. Rescission, Restitution and Compensation Elise Bant 14. Discretion and Equitable Compensation Simone Degeling