ABSTRACT

This chapter considers a collection of lesser equitable remedies. The making of awards by way of monetary compensation is referred to as 'equitable compensation'. The equitable doctrine of account is described there as arising in eight contexts and that division of the material is adopted here together with two additional categories. The chapter explores the underpinnings of compensation as a general equitable remedy in line with other remedies such as subrogation, specific performance, rescission, rectification and injunction. The central importance of equitable compensation is that it stands as a parallel to the common law remedy of damages. Tracing is a process which offers some striking similarities with, and differences from, the remedy of subrogation. Equitable tracing claims are based on a breach of trust which results in the original property rights of the claimant being pursued into substitutes for that property or into mixtures of that property with other property.