Publication Type

Magazine Article

Version

acceptedVersion

Publication Date

4-2019

Abstract

The Brickenden rule, which was thought to provide an exception to the requirement of but-for causation of loss in equitable compensation for breach of fiduciary duty, has recently been rejected by the Singapore High Court in Winsta Holding Pte Ltd and another v Sim Poh Ping and others (Winsta Holding). This case comment suggests that although the substantive position arrived at in Winsta Holding is a sound one, it should not entail a rejection of the Brickenden rule. Properly understood, the Brickenden “rule” is consistent with the requirement that the principal prove but-for causation.

Keywords

Brickenden rule, Causation, Equitable compensation, Equity, Fiduciaries

Discipline

Torts

Research Areas

Private Law

Publication

Singapore Law Gazette

ISSN

1019-942X

Publisher

LexisNexis Asia Pacific

Additional URL

https://lawgazette.com.sg/feature/equitable-compensation-and-the-brickenden-rule/

Included in

Torts Commons

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