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This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and it fits within the orthodox principles and cases in contract law. However, there is some confusion as to when such an award should be made. The moral bases for disgorgement damages are deterrence and punishment, which shape the remedy in important ways. Courts are also concerned with vindication of the claimant's performance interest, and it is pivotal that the claimant can procure a substitute performance via an award of damages or specific...

Remedies in Australian Private Law offers readers a detailed introduction to remedies and their functions under Australian law.