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Author: Simone Degeling
Publisher: Bloomsbury Publishing
ISBN: 1509901477
Category : Law
Languages : en
Pages : 373
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Book Description
This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.
Author: Simone Degeling
Publisher: Bloomsbury Publishing
ISBN: 1509901477
Category : Law
Languages : en
Pages : 373
Get Book Here
Book Description
This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.
Author: Simone Degeling
Publisher: Bloomsbury Publishing
ISBN: 1509901469
Category : Law
Languages : en
Pages : 414
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Book Description
This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.
Author: Peter Birks
Publisher: Taylor & Francis
ISBN: 1000288137
Category : Law
Languages : en
Pages : 450
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Book Description
The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.
Author: Matthew Conaglen
Publisher: Bloomsbury Publishing
ISBN: 1847315569
Category : Law
Languages : en
Pages : 332
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Book Description
Winner of the second SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties, by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. In developing this position, the book takes the novel approach of putting to one side the difficult question of when fiduciary duties arise in order to focus attention instead on what fiduciary duties do when they are owed. The issue of when fiduciary duties arise can then be returned to, and considered more profitably, once a clear view has emerged of the function that such duties perform. The analysis advanced in the book has both practical and theoretical implications for understanding fiduciary doctrine. For example, it provides a sound conceptual footing for understanding the relationship between fiduciary and non-fiduciary duties, highlighting the practical importance of analysing both forms of duties carefully when considering fiduciary claims. Further, it explains a number of tenets within fiduciary doctrine, such as the proscriptive nature of fiduciary duties and the need to obtain the principal's fully informed consent in order to avoid fiduciary liability. Understanding the relationship between fiduciary and non-fiduciary duties also provides a solid foundation for addressing issues concerning compensatory remedies for their breach and potential defences such as contributory fault. The distinctive purpose that fiduciary duties serve also provides a firm theoretical basis for maintaining their separation from other forms of civil obligation, such as those that arise under the law of contracts and of torts.
Author: United States. Congress. Senate. Select Committee on Indian Affairs
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 128
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Book Description
Author: United States. Congress. Senate. Committee on Indian Affairs (1993- )
Publisher:
ISBN:
Category : Dakota Indians
Languages : en
Pages : 12
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Book Description
Author: Peter Birks
Publisher:
ISBN:
Category : Resulting trusts
Languages : en
Pages : 313
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Book Description
Author: United States. Congress. Senate. Committee on Indian Affairs (1993- )
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 556
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Book Description
Author: Dharmesh Shah
Publisher: Hyperink Inc
ISBN: 1614645965
Category : Business & Economics
Languages : en
Pages : 354
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Book Description
Note from the Author Hi, my name is Dharmesh, and I’m a startup addict. And, chances are, if you’re reading this, you have at least a mild obsession as well. This book is based on content from the OnStartups.com blog. The story behind how the blog got started is sort of interesting—but before I tell you that story, it’ll help to understand my earlier story. As a professional programmer, I used to work in a reasonably fun job doing what I liked to do (write code). Eventually, I got a little frustrated with it all, so at the ripe old age of 24, I started my first software company. It did pretty well. It was on the Inc. 500 list of fastest growing companies three times. It reached millions of dollars of sales and was ultimately acquired. I ran that first company for over 10 years working the typical startup hours. When I sold that company, I went back to school to get a master’s degree at MIT. I’ve always enjoyed academics, and I figured this would be a nice “soft landing” and give me some time to figure out what I wanted to do with my life. As part of my degree requirements, I had to write a graduate thesis. I titled my thesis “On Startups: Patterns and Practices of Contemporary Software Entrepreneurs.” And, as part of that thesis work, I wanted to get some feedback from some entrepreneurs. So, I figured I’d start a blog. I took the first two words of the thesis title, “On Startups,” discovered that the domain name OnStartups.com was available, and was then off to the races. The blog was launched on November 5, 2005. Since then, the blog and associated community have grown quite large. Across Facebook, LinkedIn, and email subscribers, there are over 300,000 people in the OnStartups.com audience. This book is a collection of some of the best articles from over 7 years of OnStartups.com. The articles have been topically organized and edited. I hope you enjoy them.
Author: Mark Kantor
Publisher: Kluwer Law International B.V.
ISBN: 9041127356
Category : Law
Languages : en
Pages : 430
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Book Description
This book provides a clear understanding of the nuts and bolts of valuation approaches for business investments, including market, income and asset-based methods. It reviews tools that arbitrators may employ to reach their final compensation assessment on a principled basis. The bookands many practical recommendations explore the decision making processes entailed in three central aspects of the arbitratorands role: and advance planning to enhance understanding of expert valuation evidence; and identification of andapples-to-orangesand miscomparisons; and and recognition of the true comparability between the business at issue and other examples offered in the expert evidence. The presentation focuses not only on the legal standards applicable to the valuation (full or adequate compensation, reparations, restitution, actual loss, fair market value, fair or reasonably equivalent value, lost profits, etc.), but also on the informed judgment and reasonableness that must enter into the process of weighing the facts of each case and determining its aggregate significance. The book considers common valuation methods like discounted cash flows, adjusted present values, capitalized cash flows, adjusted book values and comparable sales and transactions. Additionally, it addresses means for arbitrators to assess expert valuation evidence in complex business investment disputes. andquot;Best book 2008 of the OGEMID awards!andquot;
