By Ewoud Hondius,André Janssen

Disgorgement of gains isn't precisely a family notice in inner most legislation. really in civil legislations jurisdictions – rather than these of the typical legislation – the proposal isn't really popular. What does it stand for? it's best illustrated through examples. the most effective identified being the British case of Blake v lawyer General, [2001] 1 AC 268. during which a double undercover agent were imprisoned via the united kingdom govt prior to escaping and settling within the former Soviet Union. whereas there wrote a publication on his reviews, upon which the united kingdom govt claimed the proceeds of the publication. the home of Lords, because it then used to be, allowed the declare at the foundation of Blake’s breach of his employment agreement. different examples are the infringement of highbrow estate rights, the place the damages of the landlord are restricted, however the earnings of the culprit substantial. In such situations, the query arises no matter if the infringing celebration might be disgorged of his profits.

This quantity goals at setting up the idea of disgorgement of gains as a key-phrase within the discourse of personal legislations. It doesn't purport to reply to the query even if such damages may still or shouldn't be presented. It does in spite of the fact that target to give a contribution to the dialogue, the arguments in favour and opposed to, and the organization of many of the actions.

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Disgorgement of Profits: Gain-Based Remedies throughout the World (Ius Comparatum - Global Studies in Comparative Law) by Ewoud Hondius,André Janssen


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