Recission, Restitution and Compensation

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    Author
    Bant, E
    Editor
    Degeling, S; Varuhas, J
    Date
    2017
    Source Title
    Equitable Compensation and Disgorgement of Profit
    Publisher
    Hart Publishing
    University of Melbourne Author/s
    Bant, Elise
    Affiliation
    Melbourne Law School
    Metadata
    Show full item record
    Document Type
    Chapter
    Citations
    Bant, E. (2017). Recission, Restitution and Compensation. Degeling, S (Ed.). Varuhas, J (Ed.). Equitable Compensation and Disgorgement of Profit, Equitable Compensation and Disgorgement of Profit, (1), 21, pp.277-309. Hart Publishing.
    Access Status
    Open Access
    URI
    http://hdl.handle.net/11343/230815
    ARC Grant code
    ARC/DP140100767
    Abstract
    This chapter considers the nature of pecuniary awards and adjustments, including ‘indemnity’ orders, consequent on equitable rescission. Its essential thesis is that notwithstanding that the awards are often couched in terms of ‘compensation’, they can often be fruitfully analysed as restitutionary in nature or reflecting an implicit application of change of position considerations.

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