Date: Fri, 23 Nov 2007 16:14

From: Lionel Smith

Subject: Deceit: damages and account

On 23/11/07 10:45, "Jason Neyers" wrote:

For those of us who buy the CJ justification for disgorgement there are good reasons why fraud will not support that remedy.

[CJ here means corrective justice.]

Well, maybe not all of us. I tend to think I’m with Charles on this one, unless someone can show me that there is something about the right infringed in a case of deceit that necessarily confines recourse to the compensatory measure.

But I suggest that the other point, about waiver, is a draw. Whatever Viscount Simon may have said in that context, there were many claims in assumpsit which did not depend on wrongdoing (all the common counts were assumpsit claims).

Lionel

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