Book Chapter

Gain-based Damages

Katy Barnett

Research Handbook on Remedies in Private Law | Edward Elgar Publishing Ltd | Published : 2019

Abstract

First, the scope of this chapter is outlined with reference to the historical background. Secondly, the normative bases of gain-based relief are discussed, particularly the controversy over whether the account of profits is deterrent. Thirdly, the most prominent controversy in this area is discussed: the call for the extension of availability of gain-based damages for common law causes of action. Related to this, fourthly, the vexed position of ‘reasonable fee’ awards is canvassed, including the question whether these awards properly belong in the gain-based family at all. Finally, the issues of causation and remoteness, and the availability of allowances for skill and effort are covered. It..

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University of Melbourne Researchers