Deceit: the loss and the profits, the recovery of expected profits in an action for fraudulent misrepresentation
Article Abstract:
In certain circumstances a fraudulent representation may engender reasonable expectations of profit which should be compensated; however, case law is not clear nor has its lessons been consistently applied. In East v Maurer the principle was used that the plaintiffs were due compensation for the profit they might have made but for the misrepresentations that led them to buy the business they actually purchased. Apart from difficulties in applying such a rule, other cases suggest yet different criteria. Assimilating the measure for damages and breach of contract as practiced in American courts is preferable.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1992
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The liability of banks to make restitution for wrongful payments
Article Abstract:
Constituency should be developed between common law and equitable agency defenses when claims are made against banks for fraudulent payment restitution. Ministerial receipt is the primary defense in cases where the bank acts as the customer's agent. However, beneficial receipt may also be applicable in cases involving breaches of fiduciary duties.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1998
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Claims to compound interest in restitution: awakening the sleeping giant
Article Abstract:
The author argues that Australian law should recognize a general right to claims to compound interest in restitution actions through equity's auxiliary jurisdiction. Claims to compound interest would be pleaded in every cause of action brought in unjust enrichment and interest would be recoverable at a commercial rate.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1999
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- Abstracts: Are the Commissioner of Taxation's recovery powers fettered by state moratorium and limitation of actions legislation?
- Abstracts: Pitfalls and prospects in partnership: probation programmes for substance misusing offenders. Offender literacy and the probation service
- Abstracts: An overview of the antitrust analysis of suppression of technology. Foreword