Account of profits

An equitable remedy often used where the parties are in a fiduciary ( www.practicallaw.com/A36086) relationship. The purpose of this remedy is to require one party to surrender the profits made. It may also be available as an alternative action for money had and received where one person has profited from a wrong at the expense of another (and the claimant ( www.practicallaw.com/A34662) has suffered no actual loss) or in exceptional cases where other normal remedies provide inadequate. For further details, see Practice note, Remedies: restitution ( www.practicallaw.com/5-107-4865) .

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