Samuel Bray: Fiduciary Remedies

Samuel L. Bray, of Notre Dame Law School, has made available for download a chapter on “Fiduciary Remedies,” published in the Oxford Handbook of Fiduciary Law (E. Criddle, P. Miller & R. Sitkoff eds., Forthcoming 2018).   The Abstract is as follows:

This chapter offers an overview and analysis of fiduciary remedies. The remedies considered are accounting for profits, constructive trust, equitable compensation (also called equitable damages, damages, or surcharge), injunction, unwinding remedies (e.g., rescission), and supervisory remedies (e.g., instruction, removal). The chapter also considers three major unsettled questions: whether the remedial aims of fiduciary law are distinct from other fields, how to think about fiduciary remedies in light of the law/equity distinction, and the legitimacy of punishment in fiduciary remedies.

Download paper by clicking this link.

Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.


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