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.

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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.

Banking industry, Tort liability, Tort liability of banks

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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.

Australia, Interest, Interest (Finance)

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