Abstract:Gain-based remedies are now often characterised as either restitution or disgorgement. Restitution is the giving back of wealth received by a defendant from a claimant, which must be given back or res...Gain-based remedies are now often characterised as either restitution or disgorgement. Restitution is the giving back of wealth received by a defendant from a claimant, which must be given back or restored because it amounts to an unjust enrichment at the claimant's expense. Disgorgement is the giving up to a claimant of a gain made by a defendant, as a consequence of a wrongdoing committed against the claimant, but received from a third party. This dichotomy presents a difficult problem: what happens if a defendant, who is liable only in unjust enrichment and not in wrongdoing, makes a gain causally related to the unjust enrichment but by receipt from a third party? An answer to this question has important consequences for the coherence of an independent claim in unjust enrichment.Read More
Publication Year: 2003
Publication Date: 2003-03-03
Language: en
Type: article
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