remedies for breach Flashcards
1
Q
honesty is no defence
A
Regal Hastings
2
Q
Coleman Taymar
A
company is entitled to elect whether to claim
i) damages (equitable compensation) or
ii) account for profits against D who made a profit
3
Q
constructive trust on property
A
Boardman, AG-HK v Reid
4
Q
FHR
A
ct approach for all profits made in breach of whatever type
5
Q
Chan
A
personal account for profits eg, holding entire corporate opportunity on CT
6
Q
CT vs accounting of profits
A
CT: assets would have gone to co but for D’s interception
accounting of profits: D enriches himself in the course of his breach
7
Q
Relfo
A
tracing rules apply for payments made through international banking system of proceeds representing misappropriated corp. funds
