Download e-book for kindle: Accounting for Profit for Breach of Contract: Theory and by Katy Barnett

By Katy Barnett

This e-book defends the view that an award of an account of earnings (or 'disgorgement damages') for breach of agreement will occasionally be justifiable, and matches in the orthodox rules and situations in agreement legislations. although there's a few confusion as to while such an award can be made. the ethical bases for disgorgement damages are deterrence and punishment, which form the treatment in vital methods. Courts also are enthusiastic about vindication of the claimant's functionality curiosity, and it's pivotal in those circumstances that the claimant can't procure a replacement functionality through an award of damages or particular aid.

The booklet argues that disgorgement damages can be to be had in different types of case: 'second sale' instances, the place the defendant breaches his agreement with the claimant to make a extra ecocnomic agreement with a 3rd celebration; and 'agency challenge' situations, the place the defendant gives you the claimant he'll now not do a definite 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 reduction also needs to be followed in terms of disgorgement damages, as should still allowances for ability and effort.

This ebook might be of curiosity to agreement and advertisement attorneys, and should be in particular invaluable to a person with an curiosity in agreement treatments and restitution. It attracts on case legislations in a few universal legislation jurisdictions, essentially 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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