Account of Profits (Book)

Account of Profits (Book)

Peter Devonshire

Book

$120.00 RRP + GST

Date: 31/05/2013

Code: 9780864728029

Thomson Reuters, NEW ZEALAND

 

Available Formats

Format Title Date Code Price (excl. GST)
Book Account of Profits (Book) 31/05/2013 9780864728029 $120.00 Add to cart
Book+eBook Account of Profits (Book + eBook Bundle) 41513657 $156.00 Add to cart
eBook - ProView Account of Profits (eBook) 9780864728081 $120.00 Add to cart

Description

An 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”.

Lord Peter Millett says in his recent review in the Law Quarterly Review "the book will be of great value to practitioners bringing together as it does the relevant cases in the leading common law jurisdictions and deploying both sides of the argument when dealing with the many questions which remain to be resolved in relation to an important if underused remedy." 

NEWS UPDATEAccount of Profits shares winning the 2013 JF Northey Memorial Book Award with The Native Land Court , another Thomson Reuters NZ publication.

 

Extract from a Monash University Law review by Susan Barkehall Thomas

"A text such as this, which distils the important theoretical and practical issues relating to accounts of profits, will be valuable for practitioners, academics and students alike."

Click the following link to open the full PDF review:
Account of Profits, Monash University Review

 

Extract from an Oxford Journal Trusts and Trustees Review by David Hayton, Judge of Caribbean Court of Justice

"Dr Devonshire has produced a practical and forward-looking work that deals comprehensively with the remedy of an account of profits."

Click the following link to read an extract of the review:
Account of Profits, Oxford Journal Review (Extract)

 

Extract from an Osgoode Hall Law Journal Review by Krish Maharaj

"The book is pioneering in its drive to bring clarity and coherence to a corpus grown increasingly thick with contradictory cases and contrasting points of view."

Click the following link to read an extract of the review:
Account of Profits, Osgoode Hall Law Journal Review

 

  • Australian Law Journal (Please see Resource Downloads - Product Reviews below to read the PDF of  Acting Justice Peter W Young's review.)
  • New Journal - review by Paul Mcgrath QC.  (Please see Resource Downloads - Product Reviews below to read the full text.)
  • Law Quarterly Review - review by Lord Millett. (Please see Resource Downloads - Product Reviews below to read the full text.)

Table of Contents

  • 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