JSB171 Lecture Notes - Lecture 1: Kettle Foods, Specific Performance, Justin Whitlock Dart
Document Summary
Monetary remedies: equity"s inherent jurisdiction equitable remedy for equitable right no need to prove inadequacy of common law damages, for breach of trust: re dawson, for breach of fiduciary duty: nocton v ashburton; confirmed in. Nz & canada available where fiduciary sets out deliberately to deceive. Recoverable heads of damage: economic loss, non-economic loss, pain, suffering, nervous shock, and injury to ps feelings, psychological damage. Discretion: discretionary: day v mead, discretionary nature affords flexibility: talbot"s case (tv show awarded for loss of opportunity, license fee for use of idea whatever meets justice of the case) Interest can be awarded on equitable compensation: pilmer per kirby j. Brickendon (canada) (even if the fiduciary had made full disclosure, the principle would have gone ahead with the transaction not relevant, fiduciary liable regardless: fiduciary liable for everything if breaches equitable obligation: re. Dawson: common sense test sufficient connection between compensation claimed and breach: maguire v makaronis.