Book Chapter

Recission, Restitution and Compensation

Elise Bant

Equitable Compensation and Disgorgement of Profit | Hart Publishing | Published : 2017

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.

University of Melbourne Researchers