Rights, Remedies, Wrongs and the Bribe-Taking Fiduciary
Scott, Struan
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Cite this item:
Struan Scott, ‘Rights, Remedies, Wrongs and the Bribe-taking Fiduciary’ in Justifying Private Law Remedies, C Rickett ed., Hart Publishing, Oxford (2008), 33-67. [ISBN: 978-1-84113-814-5].
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/8945
Abstract:
The material in the chapter critiques two significant legal classificatory schemes: the Birksian classification of legal rights according to their causative event - wrongs and not-wrongs, and Zakrzewski’s complimentary classification of remedies depending on whether they restate or create a substantive right. Both schemes seek legal certainty and seek to provide guidance in the development of the law. Case law involving the bribe-taking fiduciary and the recognition of the availability of proprietary relief question assumptions underlying both schemes and the results they predict.
Date:
2008
Editor:
Rickett, C
Publisher:
Hart Publishing
Pages:
33-67
ISBN:
978-1-84113-814-5
Keywords:
Legal rights; Remedies; Private law; Property law
Research Type:
Chapter in Book
Languages:
English
Collections
- Book Chapter [109]
- Law Collection [494]