Nicholas McBride, ‘Restitution for Wrongs’

Abstract:
In this paper, I set out and criticise the provisions in the Restatement Third: Restitution and Unjust Enrichment (2011) on restitution for wrongs, and suggest a number of different rationales for awards of (a) disgorgement damages/account of profits remedies; and (b) licence fee damages/reasonable fee remedies.

McBride, Nicholas, Restitution for Wrongs (January 1, 2013). Charles Mitchell and William Swadling (eds), The Restatement Third: Restitution and Unjust Enrichment – Critical and Comparative Essays (Hart Publishing, 2013).

First posted 2015-02-18 07:27:06

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