Part Six Remedies for equitable wrongs, 26 Remedies for equitable wrongs
Andrew Burrows QC FBA
- Performance of contract — Interest rate and damages
Equitable wrongs are civil wrongs that historically were developed in the Court of Chancery. Despite the fusion of the common law courts and the Court of Chancery by the Supreme Court of Judicature Acts 1873–1875, much of the substantive law has not been fused. Equitable civil wrongs comprise breach of fiduciary duty; breach of confidence; dishonestly procuring or assisting a breach of fiduciary duty (ie ‘dishonest assistance’); and forms of estoppel that constitute causes of action, in particular proprietary estoppel. This chapter discusses compensation for equitable wrongs, restitution and punishment for equitable wrongs, compelling performance or preventing an equitable wrong, and declaring rights. A final section deals with two miscellaneous issues on remedies for equitable wrongs, namely interest and limitation periods.