ABSTRACT
The orthodox remedy for breach of contract is damages. A cynical breach to minimise loss or exploit more promising economic opportunities is not visited with any greater sanction. This begs the question whether equitable relief in the form of an account of profits should be available in egregious cases. Starting from first principles, it must be asked whether an account of profits can be reconciled with the remedial regime of contract. The most notable argument is that profits can be disgorged as an exceptional form of relief if there is a special interest in performance and damages cannot swish the demands of justice. It is concluded that this is doctrinally unsound and unsupported by precedent. Moreover, the determination of profits from an equitable wrong is inconsistent with the normative scheme of contract. Finally, restitutionary damages have limited relevance and cannot be advanced as a principle of general application.
€ (Hein Online)
Peter Devonshire, Account of Profits and Contract: Strange Bedfellows or Just Strangers? (2025) 42 Singapore Law Review 18.
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