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This article discusses disgorgement and licence fee damages as distinct "benefit-based" pecuniary measures in contract, disgorgement as the removal of a wrongful profit (account of profits) and licence fee damages as a deemed licence fee measure (restitutionary damages) where the contract has in...
Persistent link: https://www.econbiz.de/10013240387
This article considers the so-called restitutionary remedies - the recovery of prepayments, and payment for work done (quantum merit) - arising out of a valid contract, and in particular whether they should be understood to be based on contract or unjust enrichment and why this is significant....
Persistent link: https://www.econbiz.de/10013240393
I discuss the concept of remedial consistency – consistency of remedial rights with primary rights – with respect to contract law, and what can be inferred about contract law, in the light of the requirement of remedial consistency, from the rules on compensation, specific performance,...
Persistent link: https://www.econbiz.de/10013240398