200756 Study Guide - Final Guide: Fiduciary, Breach (Security Exploit), Justin Whitlock Dart
7 Aug 2018
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Can only get aop or damages not both. P must elect between remedy prior to conclusion of the trial olwell v nye & nissen. Rarely a breach of common law as go to common law remedies. If consider equitable compensation, need to consider account of profits. Because aop focuses on profit made by wrongdoer it is irrelevant that: The plaintiff did not suffer loss consul developments v dpc estates (1975) The p could never have made a profit itself, or has made a profit itself incidentally through ds breach. Group v australian rugby union (2001: tortious infringement. 2: not available unless, trespass in land stroke on trent city. Council v w & j wass ltd: detinue stroke on trent city council v w. & j wass ltd: infringement of patents stroke on trent. City council v w & j wass ltd: breach of statutory right, infringement of intellectual property rights, assessment (last step)
