Private Law Theory

Abstract:
… There are times, however, when ignoring a defendant’s gain — especially where the plaintiff cannot show a loss in the conventional sense and thus would be without a remedy, or an adequate remedy — offends our sense of justice. As a result, the common law has developed a variety of ways of reflecting the fact of a defendant’s gain in the calculation of an award of damages or, as will be explored further below, by granting the plaintiff access to the defendant’s gain through an order for specific relief: an injunction or specific performance.

Cameron, Gordon, Damages Measured by the Benefit to the Defendant (2009). TAKING REMEDIES SERIOUSLY – LES RECOURS ET LES MESURES DE REDRESSEMENT: UNE AFFAIRE SÉRIEUSE – CANADIAN INSTITUTE FOR THE ADMINISTRATION OF JUSTICE – INSTITUT CANADIEN D’ADMINISTRATION DE LA JUSTICE, p. 203, 2009.

First posted 2012-02-19 10:12:22