Restitution for Wrongs

McBride, Nicholas

Restitution for Wrongs

Charles Mitchell and William Swadling (eds), The Restament Third: Restitution and Unjust Enrichment - Critical and Comparative Essays (Hart Publishing, 2013)

University of Cambridge Faculty of Law Research Paper No. 23/2015

31 Pages Posted: 17 Feb 2015 Last revised: 25 Apr 2015

See all articles by Nicholas McBride

Nicholas McBride

University of Cambridge - Faculty of Law

Date Written: January 1, 2013

Abstract

In this paper, I set out and criticise the provisions in the Restatement Third: Restitution and Unjust Enrichment (2011) on restitution for wrongs, and suggest a number of different rationales for awards of (a) disgorgement damages/account of profits remedies; and (b) licence fee damages/reasonable fee remedies.

Keywords: Restitution, unjust enrichment, restitution for wrongs, tort, breach of contract, breach of fiduciary duty, disgorgement, account of profits, licence fee damages, slayer rule, deterrence

Suggested Citation: Suggested Citation

McBride, Nicholas, Restitution for Wrongs (January 1, 2013). Charles Mitchell and William Swadling (eds), The Restament Third: Restitution and Unjust Enrichment - Critical and Comparative Essays (Hart Publishing, 2013), University of Cambridge Faculty of Law Research Paper No. 23/2015, Available at SSRN: https://ssrn.com/abstract=2565103