========================================================================= Date: Mon, 4 Jun 2007 17:18:44 +0100 Reply-To: Charles Mitchell Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Charles Mitchell Subject: Re: ODG: Sup Ct of Canada on disgorgement Comments: To: Vaughan Black , obligations@uwo.ca In-Reply-To: <20070601124428.hp7f2s31xgqskscc@my4.dal.ca> Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii"; format=flowed Dear Vaughan et al Besides the vicarious liability point which you emphasize, it is also interesting to see Binnie J holding at [90]-[91] that claims to recover a fiduciary's unauthorised profits are subject to a remoteness cap - at any rate that is what I take him to mean when he says that a 'cut off' is needed and that 'at some point, intervention of other events and actors (as well as the behaviour of the claimant) dissipates the effect of the breach.' Warman v Dwyer is cited as an example of a case where this was previously done, bearing out my analysis of that case in a piece in the King's Law Journal last year: http://www.hartjournals.co.uk/klj/volumes/17/issues/2/1044.html Best wishes Charles At 12:44 01/06/2007 -0300, Vaughan Black wrote: >Today the Supreme Court of Canada handed down its judgment in Strother v. >3464920 Canada Inc. > >The part of the case that will be of most interest to participants in this >discussion group is that of vicarious liability for disgorgement (or >gain-based >damages). The court held that the defendant law firm could be held liable for >the gain-based damages assessed against the other defendant, a rogue partner, >even though the firm did not itself receive those gains. However, the court >said this result only followed because of a statute -- British Columbia's >Partnership Act said that a firm should liable for "penalties" assessed >against >its partners acting in the ordinary course of business of the firm. The court >indicated (at para. 103) that, were it not for the statute, a gain-based >remedy >against the law firm (which did not itself receive the gain) would not be >appropriate. > >There's a little bit of discussion about the disgorgement measure >generally, but >nothing very helpful. > >Here's the link: > >http://scc.lexum.umontreal.ca/en/2007/2007scc24/2007scc24.html > >vb >-- > >This message was delivered through the Obligations Discussion Group, an >international mailing list devoted to all aspects of the law of >obligations. To be added or deleted from the list please send a message to >. To make a posting to all group members, send >a message to . The list is run by Jason Neyers of the >University of Western Ontario, tel. (+1) 519 661-2111 x. 88435,email >. The list is archived at >. Archived messages are not to be >cited in published works without prior approval of the author. ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, . ========================================================================= Date: Tue, 5 Jun 2007 16:14:44 +0100 Reply-To: Ralph M Cunnington Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Ralph M Cunnington Subject: Contract Damages Conference MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Just a brief notice to subscribers to let you know that the early = booking discount for the Contract Damages conference expires next = Wednesday 13 June. From then an additional =A330 charge applies. For = more information about the conference and for on-line booking see = http://www.law.bham.ac.uk/contractdamages/index.htm Best wishes Ralph Cunnington ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, . ========================================================================= Date: Mon, 11 Jun 2007 10:52:15 +0800 Reply-To: Tang Hang Wu Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Tang Hang Wu Subject: Call for Papers for Obligations IV MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----=_Part_25216_33387092.1181530335522" ------=_Part_25216_33387092.1181530335522 Content-Type: text/plain; charset=ISO-8859-1; format=flowed Content-Transfer-Encoding: 7bit Content-Disposition: inline The Fourth Biennial Conference on the Law of Obligations will be held at the National University of Singapore from 23-25 July 2008. The conference will be co-hosted by the National University of Singapore, the University of Melbourne and the Singapore Academy of Law. The theme of the conference is 'The Goals of Private Law'. Scholars working in the fields of contract, tort, unjust enrichment, equity or private law theory are invited to submit proposals addressing the conference theme. Speakers will include: Hanoch Dagan (Tel Aviv), Lord Hoffmann, Stephen Perry (Pennsylvania) Kumaralingam, Amirthalingam (Singapore), David Campbell (Durham), Mindy Chen-Wishart (Oxford), Lusina Ho (Hong Kong), Alexander Loke (Singapore), Mayo Moran (Toronto), Donal Nolan (Oxford), Richard Nolan (Cambridge), Charles Rickett (Qld), Emily Sherwin (Cornell), Lionel Smith (McGill), Stephen Smith (McGill), Prue Vines (UNSW), Graham Virgo (Cambridge), Sarah Worthington (LSE) For further details please see conference web page at: http://www.law.nus.edu.sg/conference/obligationsiv/index.html Presenters will be expected to meet their own travel costs and to pay the conference registration fee of S$500 (excluding Goods and Services Tax of 7 %). If you would like to offer a paper, please submit a working title and an abstract (of no more than 1500 words) by 1 December 2007 by email to Andrew Robertson >> and Tang Hang Wu >>. Papers will be selected on the basis of quality, extent of engagement with the conference theme and fit with other papers being presented at the conference. Authors are welcome to offer more than one paper (although only one paper per author will be accepted). ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, . ------=_Part_25216_33387092.1181530335522 Content-Type: text/html; charset=ISO-8859-1 Content-Transfer-Encoding: 7bit Content-Disposition: inline

The Fourth Biennial Conference on the Law of Obligations will be held at the National University of Singapore from 23-25 July 2008. The conference will be co-hosted by the National University of Singapore, the University of Melbourne and the Singapore Academy of Law. The theme of the conference is 'The Goals of Private Law'. Scholars working in the fields of contract, tort, unjust enrichment, equity or private law theory are invited to submit proposals addressing the conference theme.

 

Speakers will include:

 

Hanoch Dagan (Tel Aviv), Lord Hoffmann, Stephen Perry ( Pennsylvania)

 

Kumaralingam, Amirthalingam (Singapore), David Campbell (Durham), Mindy Chen-Wishart (Oxford), Lusina Ho (Hong Kong), Alexander Loke (Singapore), Mayo Moran (Toronto), Donal Nolan (Oxford), Richard Nolan (Cambridge), Charles Rickett (Qld), Emily Sherwin (Cornell), Lionel Smith (McGill), Stephen Smith (McGill), Prue Vines (UNSW), Graham Virgo (Cambridge), Sarah Worthington (LSE)

 

For further details please see conference web page at: http://www.law.nus.edu.sg/conference/obligationsiv/index.html

 

Presenters will be expected to meet their own travel costs and to pay the conference registration fee of S$500 (excluding Goods and Services Tax of 7 %). If you would like to offer a paper, please submit a working title and an abstract (of no more than 1500 words) by 1 December 2007 by email to Andrew Robertson <mailto:a.robertson@unimelb.edu.au< /a>> and Tang Hang Wu <mailto:lawthw@nus.edu.sg>. Papers will be selected on the basis of quality, extent of engagement with the conference theme and fit with other papers being presented at the conference. Authors are welcome to offer more than one paper (although only one paper per author will be accepted ).

____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to <listserv@lists.mcgill.ca>. To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to <enrichment@lists.mcgill.ca>. The list is run by Lionel Smith of McGill University, <lionel.smith@mcgill.ca>. ------=_Part_25216_33387092.1181530335522--