ABSTRACT

The law therefore gives the confider an alternative remedy in the form of an account of profits by which he can reach all the profits made by the wrongdoer from the wrong. Moreover, the constructive trust remedy may also be available, as is already the case in some jurisdictions. Where a person has committed a breach of confidence, the confider may recover damages for the loss suffered or he may claim a quantum meruit for the market value of the information imparted. An account of profits is a remedy by which the wrongdoer is made to present an account of the net profits he has gained from his wrong and then to pay over the profits to the plaintiff. An account of profits has been the remedy most commonly granted by the English courts. The constructive trust under English law has remained essentially a substantive institution.