File Download
Supplementary

Conference Paper: Stripping the gains of wrongful fiduciaries: let a hundred flowers bloom?

TitleStripping the gains of wrongful fiduciaries: let a hundred flowers bloom?
Authors
Issue Date2014
PublisherThe University of Hong Kong. The Conference abstracts' website is located at http://www.law.hku.hk/obligationsvii/abstracts/
Citation
The 7th Biennial Conference on the Law of Obligations (Obligations VII), The University of Hong Kong, Hong Kong, China, 15-18 July 2014 How to Cite?
AbstractIn common law jurisdictions, the principal remedy against a defaulting fiduciary is to strip his wrongful gains. This can be achieved through a wide gamut of remedies that may be both personal and proprietary. In relation to the personal action for account of profits, the established orthodoxy requires a fiduciary to disgorge all the unauthorised profits he made from his fiduciary position, subject to equitable allowance awarded by the court: Regal (Hastings) v Gulliver [1942] 1 All ER 378; Murad v Al-Saraj [2005] WTLR 1573. This strict position, however, has not been universally accepted in common law jurisdictions. Some courts have sought to lay down remedial principles to limit the extent of disgorgement, such as by requiring a closer connection between the breach and the gain: see, for example, Warman International v Dwyer (1995) 182 CLR 544; Kao Lee & Yip v Koo [2003] 3 HKLRD 296 .....
DescriptionConference Theme: The Common Law of Obligations: Divergence and Convergence
Parallel Session 3C
Persistent Identifierhttp://hdl.handle.net/10722/201519

 

DC FieldValueLanguage
dc.contributor.authorHo, LKSen_US
dc.contributor.authorLee, R-
dc.date.accessioned2014-08-21T07:29:37Z-
dc.date.available2014-08-21T07:29:37Z-
dc.date.issued2014en_US
dc.identifier.citationThe 7th Biennial Conference on the Law of Obligations (Obligations VII), The University of Hong Kong, Hong Kong, China, 15-18 July 2014en_US
dc.identifier.urihttp://hdl.handle.net/10722/201519-
dc.descriptionConference Theme: The Common Law of Obligations: Divergence and Convergence-
dc.descriptionParallel Session 3C-
dc.description.abstractIn common law jurisdictions, the principal remedy against a defaulting fiduciary is to strip his wrongful gains. This can be achieved through a wide gamut of remedies that may be both personal and proprietary. In relation to the personal action for account of profits, the established orthodoxy requires a fiduciary to disgorge all the unauthorised profits he made from his fiduciary position, subject to equitable allowance awarded by the court: Regal (Hastings) v Gulliver [1942] 1 All ER 378; Murad v Al-Saraj [2005] WTLR 1573. This strict position, however, has not been universally accepted in common law jurisdictions. Some courts have sought to lay down remedial principles to limit the extent of disgorgement, such as by requiring a closer connection between the breach and the gain: see, for example, Warman International v Dwyer (1995) 182 CLR 544; Kao Lee & Yip v Koo [2003] 3 HKLRD 296 .....-
dc.languageengen_US
dc.publisherThe University of Hong Kong. The Conference abstracts' website is located at http://www.law.hku.hk/obligationsvii/abstracts/-
dc.relation.ispartofObligations VII Conferenceen_US
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleStripping the gains of wrongful fiduciaries: let a hundred flowers bloom?en_US
dc.typeConference_Paperen_US
dc.identifier.emailHo, LKS: lusinaho@hku.hken_US
dc.identifier.emailLee, R: rebeccalee@hku.hk-
dc.identifier.authorityHo, LKS=rp01250en_US
dc.description.naturepublished_or_final_version-
dc.identifier.hkuros233889en_US
dc.identifier.hkuros252415-
dc.publisher.placeHong Kongen_US

Export via OAI-PMH Interface in XML Formats


OR


Export to Other Non-XML Formats