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Chapter 4: Monetary remedies in equity

Chapter 4: Monetary remedies in equity

pp. 51-68

Authors

, University of Melbourne, , Monash University, Victoria, , Monash University, Victoria
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Extract

In certain situations, equity orders the defendant to make payments to the plaintiff as a remedy for the wrong done. These are orders for the defendant to account for profits made, or pay equitable compensation to the plaintiff. These remedies impose a personal obligation on the wrongdoer to pay and do not per se attach to property. This is their disadvantage compared to proprietary remedies in the case of the defendant’s insolvency. The remedies perform substantially different tasks. We will now look at each remedy in turn.

Keywords

  • equity
  • trusts
  • accounts of profits
  • equitable compensation
  • calculating accounts of profits
  • allowances
  • jurisdiction to aware equitable compensation
  • calculating equitable compensation
  • breach of fiduciary duty

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