ABSTRACT
Equitable compensation has been much in evidence during the last two decades of the second millennium. It promises to be even more in evidence as people commence a new millennium. Early scholarship on equitable compensation was as much concerned with its very legitimacy as a remedy available in the civil law as it was in mapping out its detailed contours. There is debate about the proper extent and fit of some of these duties, and about whether or not all these duties, if breached, call into being the potential of a compensatory response. In part, the debate arises out of inadequate understanding of truths of taxonomy. The articulation of the role of duties of care in equity is rather recent, although it has a strong pedigree. The rules for compensating in equity for loss in these types of cases will mirror to a considerable extent the rules developed for damages awards at common law.
