disgorgeable en · ADJ
Etymology
From disgorge + -able.
Meanings
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(not-comparable) Able to be disgorged (surrendered or given up).
There is no suggestion that the defendant has necessarily acted wrongfully, nor that he should be compensated for the total amount of his loss. Rather we are looking at a judicial solution to problems where loss must be distributed, and no disgorgeable benefit is being conferred.
2007, Andrew Burrows, Ewan McKendrick, James Edelman, editors, Cases and Materials on the Law of Restitution, second edition, Oxford, Oxfordshire; New York, N.Y.: Oxford University Press, →ISBN, page 106:The mere fact the third party is allowed to prove that point, and so reduce or eliminate the disgorgeable profit, is generous enough.
2017, Simone Degeling, Jason NE Varuhas, editors, Equitable Compensation and Disgorgement of Profit, London: Hart Publishing, →ISBN, unnumbered page: