Accounting for Profit for Breach of Contract

Accounting for Profit for Breach of Contract
Author: Katy Barnett
Publisher:
Total Pages: 257
Release: 2012
Genre: Breach of contract
ISBN: 9781472561176

This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in contract law, and examines the circumstances in which such an award should be made.

Disgorgement of Profits

Disgorgement of Profits
Author: Ewoud Hondius
Publisher: Springer
Total Pages: 517
Release: 2015-08-12
Genre: Law
ISBN: 3319187597

Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Meagher, Gummow and Lehane's Equity

Meagher, Gummow and Lehane's Equity
Author: John Dyson Heydon
Publisher:
Total Pages: 1283
Release: 2015
Genre: Equitable remedies
ISBN: 9780409332254

MEAGHER, GUMMOW AND LEHANE'S EQUITY: DOCTRINES AND REMEDIES has become the authoritative work on equity in Australia and a leading text in the common law world, presenting a scholarly analysis of the principles of equity by reference to the leading cases and statutory provisions.This new edition includes analysis of developments in Australia and the common law world over the past 12 years. It deals with all fundamental equitable doctrines and remedies, save for trusts, and covers the development of equity and its history in the United Kingdom and Australia, including the effects of the Judicature system. MEAGHER, GUMMOW AND LEHANE'S EQUITY: DOCTRINES AND REMEDIES has been described as ¿a most substantial and distinguished contribution to the literature of Equity¿ (Law Quarterly Review), and as exhibiting "a high standard in the articulation and explanation of equitable doctrines, and in the discussion of equitable remedies" (Australian Law Journal). Few if any Australian law books have carved so significant a niche in legal publishing. This work is an essential text for law practitioners and students. This text is part of the LexisNexis Black and Silver Series. Features: highly respected and regarded author team; regarded as authoritative amongst practitioners and the judiciary and has an established reputation as the definitive work on this topic; Comprehensive and thorough examination of equity.

Gain-Based Damages

Gain-Based Damages
Author: James Edelman
Publisher: Bloomsbury Publishing
Total Pages: 314
Release: 2002-04-19
Genre: Law
ISBN: 1847310478

On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.

Patent Remedies and Complex Products

Patent Remedies and Complex Products
Author: C. Bradford Biddle
Publisher: Cambridge University Press
Total Pages: 379
Release: 2019-06-27
Genre: Business & Economics
ISBN: 1108426751

Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

Remedies for Breach of Contract

Remedies for Breach of Contract
Author: Mindy Chen-Wishart
Publisher: Oxford University Press
Total Pages: 531
Release: 2016-02-12
Genre: Law
ISBN: 0191074411

Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Rethinking the Law of Contract Damages

Rethinking the Law of Contract Damages
Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
Total Pages: 288
Release: 2019-12-27
Genre: Law
ISBN: 1789902517

In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.

Account of Profits

Account of Profits
Author: Peter Devonshire
Publisher:
Total Pages: 194
Release: 2013
Genre: Equitable remedies
ISBN: 9780864728029

Account of Profits is a powerful weapon in the litigator's arsenal. Written by Peter Devonshire ( University ofAuckland ), a leading scholar on the subject, it is an important but underutilised remedy that can be granted in cases where defendants have profited from their wrongs. An account of profits is the principal remedy for breach of fiduciary duty and breach of obligations of confidence. The remedy is also available in respect of certain common law wrongs and has an important role in cases of intellectual property infringement. The book draws primarily from English and Australian case law as well as judgments of the New Zealand courts. It also includes the decisions of other Commonwealth jurisdictions and the views of leading academic commentators. The author provides a clear and comprehensive explanation of the legal principles regarding an account of profits. The remedy is assessed in context, enabling the reader to identify the key issues and apply the relevant concepts. The Hon Michael Kirby describes Account of Profits as "original, timely, practical and forward-looking" and "a book of great practical worth for lawyers in many countries where the common law and the law of equity still flourish".