ACCOUNTING FOR PROFITS
accounting for profits. An action for equitable relief against a person in a fiduciary relationship to recover profits taken in a breach of the relationship. — Often shortened to accounting.
“The term accounting, or accounting for profits, is used in several ways. In its most important meaning, it is a restitutionary remedy based upon avoiding unjust enrichment. In this sense it reaches monies owed by a fiduciary or other wrongdoer, including profits produced by property which in equity and good conscience belonged to the plaintiff. It resembles a constructive trust in that tracing may be used to reach profits. But even if tracing fails, the plaintiff may recover a judgment for the profits due from use of his property.” Dan B. Dobbs, Law of Remedies § 4.3(5), at 408 (2d ed. 1993).
