Gain-Based Remedies for Knowing Assistance: Ensuring Assistants do not Profit From Their Wrongs

Authors

  • Mysty S. Clapton Assistant Professor of Law, University of Western Ontario.

DOI:

https://doi.org/10.29173/alr312

Abstract

The article examines the availability of gain-based remedies for the equitable wrong of knowing assistance. After separately considering the nature of gain-based remedies and the cause of action in knowing assistance, the author concludes that knowing assistance is capable of supporting personal gain-based relief. The author also concludes that the source ofthe gain and the nature of the underlying relationship between the wrongdoing assistant and innocent beneficiary do not support a proprietary gain-based remedy.

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Issue

Vol 45, No 4

Section

Articles

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