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Article
Restitution for Wrongs
Singapore Journal of Legal Studies
  • Wai Yee Wan, Singapore Management University
Publication Type
Journal Article
Publication Date
1-1998
Abstract

This article examines the theoretical justifications in awarding restitutionary damages for civil wrongs and argues that restitutionary damages should be available as of right so long as appropriate rules of causation and remoteness to the different kinds of wrongs; are developed as well. In addition the scope of proprietary remedies should be rationalized and should only be explicable on institutional constructive trust principles. Only exceptionally should the remedial constructive trust be invoked.

Publisher
National University of Singapore Faculty of Law
Additional URL
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=955637
Citation Information
Wai Yee Wan. "Restitution for Wrongs" Singapore Journal of Legal Studies Vol. 1998 Iss. 2 (1998) p. 299 - 330 ISSN: 0218-2173
Available at: http://works.bepress.com/waiyee_wan/25/