What is a loss of opportunity?

What is a loss of opportunity?

A claim for loss of opportunity can arise in consequence of a contractual breach, negligence, personal injury, or misleading and deceptive conduct where the wrong results in the loss of a chance to profit, gain or benefit. Plaintiffs sometimes confuse the “loss of a...
What is an account of profits?

What is an account of profits?

What is an account of profits? An account of profits is an equitable remedy that may be granted in cases where a defendant has profited from wrongful conduct and is an alternative remedy to damages. Where available, a plaintiff may claim both remedies in its...
What is the appropriate measure of damages?

What is the appropriate measure of damages?

The appropriate measure of damages will be determined by the circumstances of the claim being litigated and the remedies sought by the parties, and will principally be determined by: The nature of the wrongful conduct; and/or Whether or not the wrong was committed in...