In Warman v Dwyer , the High Court clarified that, in respect of a single fiduciary breach, the plaintiff could not recover both equitable compensation and an account of profits because:

Question

In  Warman v Dwyer , the High Court clarified that, in respect of a single fiduciary breach, the plaintiff could not recover both equitable compensation and an account of profits because:

Accepted Answer

an election must be made between these remedies.

Answer

in the court’s ultimate discretion, neither remedy was appropriate to do justice between the parties.

Answer

the facts did not support the plaintiff’s claim to both.

Answer

the plaintiff did not originally plead their case in a way which sought both equitable compensation and an account of profits.

Crowdly

In Warman v Dwyer , the High Court clarified that, in respect of a single fiduc...

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