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...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: 2003-03-01
Language: en
Type: article
Indexed In: ['crossref']
Access and Citation
Cited By Count: 78
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot