5)account of profit

Question 1

1

Answer 1

• account fo rany profit made from breach
• beneficiary’s loss is irrelevant
  (Boardman)

Question 2

2(1)

Answer 2

• only cause/ but-for
• liable regardless which causation test
  (Majority in Murad or Clarke)

Question 3

2(2)

Answer 3

• other causes/ does not satisfy but-for

- what sort of causal link between braech and profit

Question 4

3

Answer 4

no causation
as long as profit within scope of fiduciary duty
(Majority Murad)

Question 5

4

Answer 5

some sort of causation required (Kao Lee and Tripole)

one of causes, and contirbuted more than de minimis to the profit (Rebacca Lee)

Question 6

5

Answer 6

but for test for quantum more equitable (Clarke)

Question 7

6*

Answer 7

equitable allowance
discretionary considering all factors (effort, good faith)
(Boardman)
limiting the period (Warman)

Question 8

7*

Answer 8

• unable distinguish from breach/legitimate = presumed derive from breach (Murad)
• includes indirect benefits (Murad)