Template:Loss of profits vs account for profits

The remedy of special damages for loss of profits — when available, which will be hardly ever — compensates an innocent party to a contract for opportunities and profits she would have been able to take had the guilty party not breached the contract. This is different from the remedy of “accounting for profits”, which is a common law remedy for misuse of someone else’s property where the guilty party must disgorge to the owner any profits it has actually made in breach of his contractual or fiduciary duty.