Abstract
This chapter offers an overview and analysis of fiduciary remedies. The remedies considered are accounting for profits, constructive trust, equitable compensation (also called equitable damages, damages, or surcharge), injunction, unwinding remedies (eg, rescission), and supervisory remedies (eg, instruction, removal). The chapter also considers three major unsettled questions: whether the remedial aims of fiduciary law are distinct from other fields, how to think about fiduciary remedies in light of the law/equity distinction, and the legitimacy of punishment in fiduciary remedies.
Bray, Samuel L, Fiduciary Remedies (May 28, 2018). Oxford Handbook of Fiduciary Law (E Criddle, P Miller and R Sitkoff eds, forthcoming 2018).
First posted 2018-05-30 15:24:28
Leave a Reply