Equitable Compensation in Australia
Remedies matter in legal disputes. Plaintiffs want §to know how much they will receive if they are §successful. Defendants want to know how much they §will have to pay. The remedy of equitable §compensation has risen to prominence in recent §years, in response to breaches of trust and §fiduciary duty. Yet the principles that underpin the §remedy and guide calculation of quantum are little §understood, even by lawyers. This book examines the §history and theory of equitable compensation and §establishes a methodology for calculation of §quantum. Six equitable causes of action are §examined. These include breach of trust, breach of §fiduciary duty and breach of confidence, where the §remedy is well-recognised. Three emerging §jurisdictions are also discussed - undue influence, §unconscientious conduct and equitable estoppel. This §analysis should be of great use to both practicing §and academic lawyers in all common law countries, §and to professionals in the fiduciary field such as §trustees, company directors, partners and agents.