Title

Restitution for Wrongs

Publication Type

Journal Article

Publication Date

1998

Abstract

This article examines the theoretical justifications in awarding restitutionary damages for civil wrongs and argues that restitutionary damages should be available as of right so long as appropriate rules of causation and remoteness to the different kinds of wrongs; are developed as well. In addition the scope of proprietary remedies should be rationalized and should only be explicable on institutional constructive trust principles. Only exceptionally should the remedial constructive trust be invoked.

Discipline

Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

Singapore Journal of Legal Studies

Volume

1998

Issue

2

First Page

299

Last Page

330

ISSN

0218-2173

Publisher

National University of Singapore Faculty of Law

Additional URL

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=955637

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