Restitution for Wrongs

32 Pages Posted: 10 Jan 2007

See all articles by Wai Yee Wan

Wai Yee Wan

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law; Singapore Management University - School of Law

Abstract

This article examines the theoretical justifications in awarding restitutionary damages for civil wrongs and argues that restitutionary damages should be available as of right so long as appropriate rules of causation and remoteness to the different kinds of wrongs are developed as well. In addition the scope of proprietary remedies should be rationalised and should only be explicable on institutional constructive trust principles. Only exceptionally should the remedial constructive trust be invoked.

Suggested Citation

Wan, Wai Yee, Restitution for Wrongs. Singapore Journal of Legal Studies, pp. 299-330, 1998, Available at SSRN: https://ssrn.com/abstract=955637

Wai Yee Wan (Contact Author)

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law ( email )

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

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