5)eq compensation Flashcards
1
Q
1
A
since breach of fiduciary duty, one appraoch is common law causation, namely but-for, remoteness and novus actus intervene (majority in Canson)
2
Q
2
A
another approach is the common sense causation with the full benefit of hindsight (minority of Canson, cited by Wilkinson in Target)
3
Q
3
A
if fraud more stringent test, liable regardless if the loss would have occured without the breach (swindle)
4
Q
4
A
breach of reasonable prudence = common law causation (Mothew)