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Washington and Lee Law Review

Legal Remedies

Equity

Publication Year

Articles 1 - 5 of 5

Full-Text Articles in Law

Counter-Restitution For Monetary Remedies In Equity, George P. Roach Jun 2011

Counter-Restitution For Monetary Remedies In Equity, George P. Roach

Washington and Lee Law Review

Equitable remedies are growing in importance as the remedies of choice for intellectual property and federal agency claims. The measure of monetary remedies in equity is founded in trust law, which provides that even a disloyal trustee is entitled to indemnity for expenses that benefit the trust. Based on this principle and case law on measuring intellectual property remedies, a defendant to a claim for a monetary remedy in equity has the opportunity to prove that the unjust enrichment established by the plaintiff should be reduced for unrelated revenues or beneficial expenses. Opponents of this right justify revenue disgorgement by …


Common Law And Equity In R3rue, Lionel Smith Jun 2011

Common Law And Equity In R3rue, Lionel Smith

Washington and Lee Law Review

One of the most remarked-upon achievements of the first Restatement of the Law of Restitution was the consolidation into a single treatment of all of the law that concerned the Reporters, whether it came from common law or Equity. In the Restatement (Third) of Restitution & Unjust Enrichment (R3RUE), there was initially an even more dramatic idea: to restate the law without even any reference to the historical distinction between common law and Equity. In the final product, however, there are several references to the peculiarly Equitable origins of certain juridical solutions to the problems addressed by this Restatement. The …


Exemplary Damages In Equity Sep 1964

Exemplary Damages In Equity

Washington and Lee Law Review

No abstract provided.


Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile Sep 1949

Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile

Washington and Lee Law Review

No abstract provided.


Equity-Certainty And Completeness Of Terms As Prerequisites To Specific Enforcement Of A Contract To Sell Land Mar 1948

Equity-Certainty And Completeness Of Terms As Prerequisites To Specific Enforcement Of A Contract To Sell Land

Washington and Lee Law Review

No abstract provided.