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Disgorgement is an equitable remedy designed to deter future violations of the securities laws and to deprive defendants of the proceeds of their wrongful conduct. Indeed, in the exercise of its equity powers, the district court may order disgorgement of profits acquired through securities fraud .
The Official Code of Georgia Annotated or OCGA is the compendium of all laws in the state of Georgia. Like other state codes in the United States, its legal interpretation is subject to the U.S. Constitution , the U.S. Code , the Code of Federal Regulations , and the state's constitution .
The reception of unjust enrichment into Belgian law has been upheld multiple times by the Court of Cassation, which has ruled that unjust enrichment is a general principle of law. [27] [28] [29] The Court has stated that the legal basis for unjust enrichment is equity (ius aequum). According to the Court, five elements constitute unjust enrichment:
Cover of volume 1 of the 2007 edition of the Official Code of Georgia Annotated. Pursuant to the state constitution, the Georgia General Assembly has enacted legislation.Its session laws are published in the official Georgia Laws, [1] which in turn have been codified in the Official Code of Georgia Annotated (O.C.G.A.). [1]
In Canada, quantum meruit is not based on contract law but rather depends on equitable principles of unjust enrichment. Canadian law generally upholds the old maxim that estoppel allows an implied promise to act as a shield against litigation but never a sword. Therefore an implied promise would not create a cause of action.
equitable compensation; appointment or removal of fiduciary; interpleader; equitable tracing as a remedy for unjust enrichment; The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be ...
The Affordable Care Act’s chief aim is to extend coverage to people without health insurance. One of the 2010 law’s primary means to achieve that goal is expanding Medicaid eligibility to more people near the poverty level. But a crucial court ruling in 2012 granted states the power to reject the Medicaid expansion.
In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference.