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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Account of Profits

ISBN13: 9780864728029
Published: June 2013
Publisher: Thomson Brookers (New Zealand)
Country of Publication: New Zealand
Format: Paperback
Price: £63.00

Despatched in 11 to 13 days.

Account of Profits is a powerful weapon in the litigator’s arsenal. Written by Peter Devonshire, a leading scholar on the subject, it is an important but underutilised remedy that can be granted in cases where defendants have profited from their wrongs.

An account of profits is the principal remedy for breach of fiduciary duty and breach of obligations of confidence. The remedy is also available in respect of certain common law wrongs and has an important role in cases of intellectual property infringement.

The book draws primarily from English and Australian case law as well as judgments of the New Zealand courts. It also includes the decisions of other Commonwealth jurisdictions and the views of leading academic commentators.

The author provides a clear and comprehensive explanation of the legal principles regarding an account of profits. The remedy is assessed in context, enabling the reader to identify the key issues and apply the relevant concepts.

The Hon Michael Kirby describes Account of Profits as “original, timely, practical and forward-looking” and “a book of great practical worth for lawyers in many countries where the common law and the law of equity still flourish”.

This is a leading text on an important and expanding area of law. Account of Profits is a valuable resource for students, practitioners, academics and judges.

Remedies and Damages, Equity and Trusts, Other Jurisdictions , New Zealand
Chapter 1 Introduction
Chapter 2 Elements of Account of Profits
Chapter 3 Account of Profits and Breach of Fiduciary Duty
Chapter 4 Allowances to Defaulting Fiduciaries
Chapter 5 Breach of Confidence
Chapter 6 Intellectual Property Infringement
Chapter 7 Gain-Based Remedies for Common Law Wrongs