THE CONSEQUENCES OF BREACH OF FIDUCIARY DUTY

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Abstract:

A discussion of three cases in the Chancery Division in 2004: Crown Dilmun v Sutton, Daraydan Holdings Ltd v Solland International Ltd, and Murad v Al-Saraj. Each case involved a breach of fiduciary duty and multiple corporate entities and raised difficult issues concerning the proper responses to the breach of duty. The issues discussed include dishonest assistance, knowing receipt, account of profits, constructive trust, and rescission.

Keywords: Breach of fiduciary duty; restitution; unjust enrichment; wrongful enrichment

Document Type: Research Article

Publication date: January 1, 2005

More about this publication?
  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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