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Full-Text Articles in Law
Counter-Restitution For Monetary Remedies In Equity, George P. Roach
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
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 …
Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile
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
Washington and Lee Law Review
No abstract provided.