Accounting for Profit for Breach of Contract - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Accounting for Profit for Breach of Contract write by Katy Barnett. This book was released on 2012-05-31. Accounting for Profit for Breach of Contract available in PDF, EPUB and Kindle. 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. However there is some confusion as to when such an award should be made. The moral bases for disgorgement damages are deterrence and punishment, which shape the remedy in important ways. Courts are also concerned with vindication of the claimant's performance interest, and it is pivotal in these cases that the claimant cannot procure a substitute performance via an award of damages or specific relief. The book argues that disgorgement damages should be available in two categories of case: 'second sale' cases, where the defendant breaches his contract with the claimant to make a more profitable contract with a third party; and 'agency problem' cases, where the defendant promises the claimant he will not do a certain thing, and the claimant finds it difficult to supervise the performance. Moreover, disgorgement may be full or partial, and 'reasonable fee damages' for breach of contract are best understood as partial disgorgement rather than 'restitutionary damages'. Equitable bars to relief should also be adopted in relation to disgorgement damages, as should allowances for skill and effort. This book will be of interest to contract and commercial lawyers, and will be especially valuable to anyone with an interest in contract remedies and restitution. It draws on case law in a number of common law jurisdictions, primarily England and Wales, and Australia.
Accounting for Profit for Breach of Contract
Accounting for Profit for Breach of Contract - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Accounting for Profit for Breach of Contract write by Katy Eloise Barnett. This book was released on 2010. Accounting for Profit for Breach of Contract available in PDF, EPUB and Kindle.
Account of Profits
Account of Profits - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Account of Profits write by Peter Devonshire. This book was released on 2013. Account of Profits available in PDF, EPUB and Kindle. 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".
Contract Theory and Gain-Based Recovery
Contract Theory and Gain-Based Recovery - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Contract Theory and Gain-Based Recovery write by David Winterton. This book was released on 2015. Contract Theory and Gain-Based Recovery available in PDF, EPUB and Kindle. In Accounting for Profit for Breach of Contract: Theory and Practice, Dr Barnett attempts to explore systematically the circumstances in which such gain-based relief for breach of contract both is and should be available. Rather than focussing on the book's strengths, this article seeks to examine two important theoretical questions raised by her account. The first concerns its theoretical foundations. Not only does Barnett invoke a highly contestable theory of contractual rights that does not meaningfully advance her argument, she also fails to explain whether the various normative considerations invoked to support her theory are mutually compatible, and therefore whether her account satisfies her self-imposed criterion of 'coherence'. A second, related, question Barnett's account raises is whether disgorgement for contractual breach is ever justifiable. Like others, Barnett claims that profit-stripping for breach of contract is justified by considerations of 'deterrence' and 'retribution'. But this common view is often too quickly assumed because there are good reasons to doubt whether these two rationales, either separately or in combination, are capable of justifying disgorgement as a response to contractual breach.
Account of Profits for Breach of Contract
Account of Profits for Breach of Contract - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Account of Profits for Breach of Contract write by Adam McDonald. This book was released on 2014. Account of Profits for Breach of Contract available in PDF, EPUB and Kindle.
