Abstract:
This article focuses on the rules governing equitable compensation for losses arising from breach of fiduciary duty and breach of trust. Although it has long been argued that the remoteness limitations on equitable compensation are entirely different from common law, I argue that courts should, and sometimes do, draw on known models of compensation derived from common law and statutory causes of action, including negligence, deceit, misleading or deceptive conduct and breach of contract. The precise model depends upon the nature of the breach of fiduciary duty or breach of trust concerned. The principles which limit liability in equity and common law are not so remote from one another after all.
Katy Barnett, ‘Equitable compensation and remoteness: not so remote from the common law after all’. (2014) 38(1) University of Western Australia Law Review 48.
First posted 2015-10-19 11:46:09
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