Fiduciary Remedies

Oxford Handbook of Fiduciary Law (E. Criddle, P. Miller & R. Sitkoff eds., Forthcoming 2018)

UCLA School of Law, Law-Econ Research Paper No. 18-04

33 Pages Posted: 30 May 2018 Last revised: 31 May 2018

Date Written: May 28, 2018

Abstract

This chapter offers an overview and analysis of fiduciary remedies. The remedies considered are accounting for profits, constructive trust, equitable compensation (also called equitable damages, damages, or surcharge), injunction, unwinding remedies (e.g., rescission), and supervisory remedies (e.g., instruction, removal). The chapter also considers three major unsettled questions: whether the remedial aims of fiduciary law are distinct from other fields, how to think about fiduciary remedies in light of the law/equity distinction, and the legitimacy of punishment in fiduciary remedies.

Keywords: fiduciary, remedies, accounting for profits, accounting, disgorgement, constructive trust, equitable compensation, damages, surcharge, injunction, rescission, equity, trust, trustee, agency

JEL Classification: K19, K39, K42

Suggested Citation

Bray, Samuel L., Fiduciary Remedies (May 28, 2018). Oxford Handbook of Fiduciary Law (E. Criddle, P. Miller & R. Sitkoff eds., Forthcoming 2018); UCLA School of Law, Law-Econ Research Paper No. 18-04. Available at SSRN: https://ssrn.com/abstract=3185158

Samuel L. Bray (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

HOME PAGE: http://law.nd.edu/directory/samuel-bray/

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