Open AccessGain-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.