The day has finally arrived. My new article is out in the Journal of Business Law:

Derek Whayman, ‘Remodelling Knowing Receipt as a Gains-Based Wrong’ [2016] JBL 565

It is syndicated on Westlaw – log in using your usual account then click here.

Abstract

This article analyses the nature of knowing receipt. It finds its previous characterisations as a form of unjust enrichment or trustee-like liability wanting in the face of newer authority and complex commercial situations. It argues that knowing receipt is a gains-based profit-disgorging wrong and this best describes its remedies.

About the Article

If you have an interest in fiduciary and trust liability, the liability of intermeddlers with trusts (i.e. knowing receipt and dishonest assistance) or theories of equitable liability generally, you might be interested. If you are interested in the issues raised in Charles Mitchell and Stephen Watterson, ‘Remedies for Knowing Receipt’ in Charles Mitchell (ed),Constructive and Resulting Trusts (Hart 2010) or Matthew Conaglen and Amy Goymour, ‘Knowing Receipt and Registered Land’ in Charles Mitchell (ed),Constructive and Resulting Trusts (Hart 2010) you also may be interested. I tackle both the characterisations of knowing receipt in those chapters and disagree, tackling their foundations and issues in great detail.

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