Exploring Restitution in Civil Law
Law Courses Law The Open College
In sure areas of the law one other head of damages has long been available, whereby the defendant is made to give up the income made by way of the civil incorrect in restitution. Doyle and Wright outline restitutionary damages as being a financial remedy that is measured in accordance with the defendant’s achieve rather than the plaintiff’s loss. The plaintiff thereby features damages which aren’t measured by reference to any loss sustained. In some areas of the law this heading of damages is uncontroversial; most significantly intellectual property rights and breach of fiduciary relationship. Damages are often assessed at the date of the wrongful act, but in England and Wales, Pelling J has noticed that this isn’t the case if justice requires the assessment of damages to be calculated at another date. In Murfin v Ford Campbell, an agreement had been entered into …

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