Sheehan, DK orcid.org/0000-0001-9605-0667 (2019) Equitable Remedies for Breach of Trust. In: Halson, Roger and Campbell, David, (eds.) Research Handbook on Remedies in Private Law. Research Handbooks in Private and Commercial Law . Edward Elgar , Cheltenham , pp. 149-164. ISBN 9781786431264
Abstract
This chapter examines the current debates around equitable compensation for breach of trust and how that should be quantified. Two competing views exist: the traditional view is that equitable compensation involves a falsification of the account of the trust - essentially pretending the disbursements never happened - where causation is largely irrelevant. The second view is that the claimant should only recover losses caused counterfactually by the breach of trust. In some circumstances these can give quite different answers. The chapter examines the leading cases across both England and Australia and concludes that where the performance of the trust is essentially completed – even if defectively – unwinding the whole transaction goes against the expectations of the parties and gives the claimant more than he would otherwise get had the trust been performed properly. In such cases the claimant should only recover losses caused by the breach.
Metadata
Item Type: | Book Section |
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Copyright, Publisher and Additional Information: | This is a draft chapter/article. The final version is available in Research Handbook on Remedies in Private Law edited by Roger Halson, School of Law, University of Leeds, and David Campbell, Lancaster University Law School, UK, published in 2019, Edward Elgar Publishing Ltd. https://doi.org/10.4337/9781786431271 The material cannot be used for any other purpose without further permission of the publisher, and is for private use only. |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 28 Mar 2018 11:37 |
Last Modified: | 12 Feb 2024 14:28 |
Published Version: | https://www.elgaronline.com/edcollchap/edcoll/9781... |
Status: | Published |
Publisher: | Edward Elgar |
Series Name: | Research Handbooks in Private and Commercial Law |
Identification Number: | 10.4337/9781786431271.00017 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:128961 |