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)

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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)

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3
Q

3

A

if fraud more stringent test, liable regardless if the loss would have occured without the breach (swindle)

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4
Q

4

A

breach of reasonable prudence = common law causation (Mothew)

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