Recission, Restitution and Compensation
EditorDegeling, S; Varuhas, J
Source TitleEquitable Compensation and Disgorgement of Profit
University of Melbourne Author/sBant, Elise
AffiliationMelbourne Law School
CitationsBant, 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 StatusOpen Access
ARC Grant codeARC/DP140100767
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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