Titlebook: Disgorgement of Profits; Gain-Based Remedies Ewoud Hondius,André Janssen Book 2015 Springer International Publishing Switzerland 2015 Bene

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Jeffrey Yi-Lin Forrest,Qiang Bu remedies must be distinguished from restitutionary remedies based on the law of unjust enrichment, which may be concurrently available in certain settings. Less clear, and more controversial, is when such gain-based remedies can be awarded. It is impossible to account for the law on the basis that

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Closed and Open Systems: Seen with Examples variety of ways. Certain statutes provide for disgorgement of profits wrongfully achieved through intellectual property infringements or stock market abuses. The law of equity has long recognised disgorgement, or liability to account, for breaches of fiduciary duty. In addition, Irish common law al

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https://doi.org/10.1007/978-981-99-7939-4, but it is generally not recognized as such. For example, case law on personality rights and intellectual property rights contains examples where courts, under the banner of loss compensation, in fact set damages at a level higher than the actual losses to force the wrongdoer to hand over his profi

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Jeffrey Yi-Lin Forrest,Pavani Tallapallyprovision of general scope that enables such disgorgement damages. Many scholars and commentators criticize this sectoral approach, and advocate for a reform of the sanctions regarding profitable tort, as well as for a general provision regarding disgorgement damages. However, the proposals of refor

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Jeffrey Yi-Lin Forrest,Dillon Forrestailable in the Italian legal context and those adopted in common law. In the Italian judicial system, as in the majority of civil law systems, the concept of compensation is prevalent, to the exclusion of any function of punishment or sanction; whereas a salient feature of the common law is the prin

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Ana S. Q. Liberato,Yanick St. Jeanust enrichment, annulment or rescission of contracts, impossibility to perform a contractual obligation and others). Criminal, respectively administrative, liability may be cumulated with tort, and the procedural rules applicable enable the victims to recover the damages incurred within the criminal

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Ana S. Q. Liberato,Yanick St. Jeanod as a by-product of a proper compensation in cases of tort and breach of contract. Spanish private law has set aside unjust enrichment claims, mostly designed by the case law as a subsidiary remedy only available in specific cases. Such particular view of the restitution explains that Spanish priv