Talk:Account of profits

Modification?

Is an account of profits there to reverse unjust enrichment? In English law I think we'd say that you perform restitution for unjust enrichment, but when you're talking about a restitution for wrongs, then the idea of "disgorgement" - or making someone give an account of their profits, is simply taking away somebody's gain, without any need that unjust enrichment has taken place. We'd take unjust enrichment to mean that someone has been enriched, unjustly at the expense of another. Two leading cases in contracts and trusts don't involve any element of that, I think:

• Attorney General v Blake
• Boardman v Phipps

Please do discuss! This may be a difference between the Commonwealth and the US in this emerging field of law. Wikidea 00:37, 4 February 2009 (UTC)