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Causation In Disgorgement, Mark P. Gergen
Causation In Disgorgement, Mark P. Gergen
Mark P. Gergen
The Restatement (Third) of Restitution and Unjust Enrichment offers scant guidance on how to determine wealth legally attributable to a wrong for purposes of disgorgement. The black letter admits defeat, stating, "[T]he court may apply such tests of causation and remoteness, . . . may recognize such credits or deductions, and may assign such evidentiary burdens, as reason and fairness dictate, consistent with the object of restitution . . . ."' The comments warn against resort to mechanical rules, including the familiar rule of but-for causation. They recommend merging the factual issue of causation with issues of policy and fairness …
The Jury's Role In Deciding Normative Issues In The American Common Law, Mark P. Gergen
The Jury's Role In Deciding Normative Issues In The American Common Law, Mark P. Gergen
Mark P. Gergen
No abstract provided.
The Ambit Of Negligence Liability For Pure Economic Loss, Mark P. Gergen
The Ambit Of Negligence Liability For Pure Economic Loss, Mark P. Gergen
Mark P. Gergen
No abstract provided.