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Mapping the LawEssays in Memory of Peter Birks$
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Andrew Burrows and Alan Rodger

Print publication date: 2006

Print ISBN-13: 9780199206551

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199206551.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 November 2020

Gain-Based Damages and Compensation

Gain-Based Damages and Compensation

(p.141) 8 Gain-Based Damages and Compensation
Mapping the Law

James Edelman

Oxford University Press

The chapter focuses on gain-based damages for wrongs and their relation to compensation. It argues that ‘damages’ simply means a money award for a wrong; that recent cases have continued to recognize the distinction Peter drew in his book on the subject between restitutionary damages and disgorgement damages; but that a ‘rights-based’ measure of compensatory damages, which has been applied in many non-commercial wrongs cases, will normally render restitutionary damages superfluous.

Keywords:   Peter Birks, gain-based damages, restitutionary damages, disgorgement damages, compensation, compensatory damages, wrongs

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