Oxford Handbook of Fiduciary Law (E. Criddle, P. Miller & R. Sitkoff eds., Forthcoming 2018)
33 Pages Posted: 30 May 2018 Last revised: 31 May 2018
Date Written: May 28, 2018
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: Suggested Citation