Gain-Based Remedies for Knowing Assistance: Ensuring Assistants do not Profit From Their Wrongs | Zendy

Mysty S. Clapton | Zendy

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Gain-Based Remedies for Knowing Assistance: Ensuring Assistants do not Profit From Their Wrongs

Author(s) -

Mysty S. Clapton

Publication year - 2008

Publication title -

alberta law review

Language(s) - English

Resource type - Journals

eISSN - 1925-8356

pISSN - 0002-4821

DOI - 10.29173/alr312

Subject(s) - beneficiary , wrongdoing , profit (economics) , law and economics , action (physics) , business , public relations , law , economics , political science , microeconomics , physics , quantum mechanics

The article examines the availability of gain-based remedies for the equitable wrong of knowing assistance. After separately considering the nature of gain-based remedies and the cause of action in knowing assistance, the author concludes that knowing assistance is capable of supporting personal gain-based relief. The author also concludes that the source ofthe gain and the nature of the underlying relationship between the wrongdoing assistant and innocent beneficiary do not support a proprietary gain-based remedy.

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