エクイティ上の損失補償について : イギリス法を中心に
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概要
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Equitable compensation is a remedy derived from equity's inherent jurisdiction. Where the common law would not recognise a given equitable right, it was left to equity to create its own compensatory regime. The label 'equitable compensation' is used to encompass remedies of distinctly different types, namely substitutive and reparative compensation. It is imperative to understand the difference between these two types in order to identify the content and the scope of compensation. The purpose of this article is to clarify the content and the scope of equitable compensation in England according to its classification. Substitutive compensation is given as a substitute for the property the trustee was obliged to deliver. Compensation of this type is not concerned with repairing any loss in the sense of injury the beneficiary or the trust fund may have suffered, but it is given by way of enforcing the performance of the trustee's primary duties. Thus the common law rules of remoteness of damage, causation and measure of damage don't apply to substitutive compensation. Reparative compensation, on the other hand, is awarded to require the fiduciary to make good losses caused by his breach of fiduciary duties. It is important to identify the scope of the duty breached and the nature of a breach of that duty in order to decide whether the loss suffered was attributable to the relevant breach of duty owed by the fiduciary. While compensation for breach of duty of loyalty leads to the same measure of liability as for deceit at common law, equitable compensation for breach of the duty of skill and care resembles common law damages in that it is awarded by way of compensation to the plaintiff for his loss. Therefore, the common law rules of remoteness of damage, causation and measure of damage should be applied to compensation on the basis of breach of equitable duty of skill and care owed by the fiduciary. In Part II, the historical development of equity jurisdiction to award monetary relief will be shown. Part III examines three types of accounting order through which monetary claims brought against trustees are mediated. The content and the scope of equitable compensation will be clarified according to its classification in Parts IV and V. It is arguable that the distinctive features of the fiduciary relationship would be better recognised through the application of punitive damages rather than the distortion of compensation principles. The applicability of punitive damages to the breach of fiduciary duties will be examined in Part VI.
- 関西学院大学の論文