Disgorgement Of Profits

Author : Ewoud Hondius,André Janssen
Publisher : Springer
Page : 507 pages
File Size : 52,7 Mb
Release : 2015-08-12
Category : Law
ISBN : 9783319187594

Get Book

Disgorgement of Profits by Ewoud Hondius,André Janssen Pdf

Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Author : C. Bradford Biddle,Jorge L. Contreras,Norman V. Siebrasse,Brian J. Love
Publisher : Cambridge University Press
Page : 379 pages
File Size : 41,5 Mb
Release : 2019-06-27
Category : Business & Economics
ISBN : 9781108426756

Get Book

Patent Remedies and Complex Products by C. Bradford Biddle,Jorge L. Contreras,Norman V. Siebrasse,Brian J. Love Pdf

Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

Author : Simone Degeling,Jason NE Varuhas
Publisher : Bloomsbury Publishing
Page : 376 pages
File Size : 43,6 Mb
Release : 2017-04-06
Category : Law
ISBN : 9781509901470

Get Book

Equitable Compensation and Disgorgement of Profit by Simone Degeling,Jason NE Varuhas Pdf

This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.

Author : James Edelman
Publisher : Bloomsbury Publishing
Page : 209 pages
File Size : 53,5 Mb
Release : 2002-04-19
Category : Law
ISBN : 9781847316820

Get Book

Gain-Based Damages by James Edelman Pdf

On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.

Author : Edward Yorio,Steve Thel
Publisher : Wolters Kluwer
Page : 832 pages
File Size : 41,5 Mb
Release : 2011-01-01
Category : Law
ISBN : 9781454801146

Get Book

Contract Enforcement by Edward Yorio,Steve Thel Pdf

Rev. ed. of: Contract enforcement / Edward Yorio. c1989.

Author : Judith Seddon
Publisher : Law Business Research Ltd.
Page : 1026 pages
File Size : 42,6 Mb
Release : 2018-01-19
Category : Electronic
ISBN : 9781912377831

Get Book

Practitioner's Guide to Global Investigations by Judith Seddon Pdf

There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

Author : Andrew Kull,Ward Farnsworth
Publisher : Aspen Publishing
Page : 0 pages
File Size : 42,6 Mb
Release : 2018-10-24
Category : Law
ISBN : 1543800904

Get Book

Restitution and Unjust Enrichment by Andrew Kull,Ward Farnsworth Pdf

Restitution is a body of law that has immense practical value and wide application to disputes of all sorts. Simply put, it is the set of rules that govern recovery of gains that a party should not keep—or “unjust enrichment,” as it is formally called; and unjust enrichment occurs every day in both private and commercial transactions. Restitution has the dual distinction of being one of the most useful but overlooked bodies of law, due to its lack of study by several generations of modern lawyers. Without a single casebook in print on the subject, it has been nearly impossible to teach restitution law in the past. Restitution and Unjust Enrichment: Cases and Notes fills that void and presents the substance, remedies and history of restitution in a practical and interesting manner. Professors and students will benefit from: The only casebook available for teaching this important and interesting subject, and the first new one in 50 years. A modern reworking of the topic that adopts the framework of Publication of Restatement Third, Restitution and Unjust Enrichment (2011) (“R3RUE”) for teaching purposes. A complete discussion of Restitution, which is part of the required curriculum for students who receive legal training in other parts of the common-law world. Authorship by leading scholars in the field. Andrew Kull was the sole Reporter for R3RUE, published in two hardcover volumes. Ward Farnsworth is the author of a convenient treatise on Restitution, published by the University of Chicago Press in 2014. He is also co-author of the Wolters Kluwer casebook Torts: Cases and Questions, currently in its second edition.

Author : Katy Barnett
Publisher : Unknown
Page : 257 pages
File Size : 51,7 Mb
Release : 2012
Category : Breach of contract
ISBN : 1472561171

Get Book

Accounting for Profit for Breach of Contract by Katy Barnett Pdf

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, and examines the circumstances in which such an award should be made.

Author : Simone Degeling,Jason Varuhas
Publisher : Unknown
Page : 128 pages
File Size : 45,9 Mb
Release : 2014
Category : Compensation
ISBN : 1509901485

Get Book

Equitable Compensation and Disgorgement of Profit by Simone Degeling,Jason Varuhas Pdf

Author : George E. Palmer
Publisher : Unknown
Page : 748 pages
File Size : 54,8 Mb
Release : 1978
Category : Restitution
ISBN : STANFORD:36105061312505

Get Book

The Law of Restitution by George E. Palmer Pdf

Author : Zvonimir Slakoper,Ivan Tot
Publisher : Routledge
Page : 266 pages
File Size : 48,7 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000431407

Get Book

EU Private Law and the CISG by Zvonimir Slakoper,Ivan Tot Pdf

EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

Author : Nancy J. Fannon
Publisher : BVResources
Page : 925 pages
File Size : 54,6 Mb
Release : 2010
Category : Business & Economics
ISBN : 1935081349

Get Book

The Comprehensive Guide to Lost Profits Damages for Experts and Attorneys by Nancy J. Fannon Pdf

A complete overhaul of last year¿s bestselling guide, this 2010 edition brings together the comprehensive body of knowledge on lost profits damages and delivers the definitive resource for financial experts and attorneys alike. Fannon and other leading experts provide thorough analysis of current case law and valuation methodology related to the calculation of damages.

Author : United States
Publisher : Unknown
Page : 2 pages
File Size : 55,5 Mb
Release : 1984
Category : Insider trading in securities
ISBN : UCR:31210024753145

Get Book

Insider Trading Sanctions Act of 1984 by United States Pdf

Author : Joseph Story
Publisher : Unknown
Page : 1164 pages
File Size : 50,6 Mb
Release : 1884
Category : Equity
ISBN : STANFORD:36105044804339

Get Book

Commentaries on Equity Jurisprudence by Joseph Story Pdf

Author : Anonim
Publisher : Unknown
Page : 652 pages
File Size : 53,6 Mb
Release : 1994
Category : Evidence, Expert
ISBN : PURD:32754065347985

Get Book

Reference Manual on Scientific Evidence by Anonim Pdf