Restitution for Equitable Wrongdoing

Abstract

Abstract Where the defendant has breached an equitable duty which he or she owed to the claimant, a restitutionary relief is available. The defendant can be deterred from exploiting the relationship by ensuring that, at the very least, the value of any benefit which he or she obtained from the breach of duty should be paid to the claimant to whom the duty was owed. Where the defendant is more culpable in breaching his or her equitable duty, a more extensive form of restitutionary remedy may be available. This chapter examines the rationale behind the award of restitutionary remedies for equitable wrongdoing, types of remedy which are available for equitable wrongdoing (account of profits, proprietary remedies, interest, and equitable compensation), and categories of equitable wrongdoing including breach of fiduciary duty, breach of confidence, unconscionability, and dishonestly inducing or assisting in a breach of trust or fiduciary duty.