This thesis analyses the possibilities for disgorgement of profits within contract law. The main question addressed in the thesis is whether a contract-breaker is not only liable to pay compensatory damages but also to disgorge the profits obtained from breach of contract to the innocent party. In some cases, traditional compensatory damages cannot bar the wrongdoer to profit by its wrongful conduct. For this reason, it is necessary to deprive the contract-breaker of its unlawfully obtained gains. Stripping the gains of the wrongdoer can be achieved by the law of damages, unjust enrichment and negotiorum gestio. The master’s thesis outlines the instruments used by different legal systems for the disgorgement of profits. German and Slovenian law are presented as examples of continental legal systems, while the law of England and Wales and Irish law are presented as examples of Anglo-American legal systems. The possibilities for disgorgement of profits are also presented in the context of the United Nation Convention on Contracts for the International Sale of Goods (CISG). The main emphasis is on finding the most appropriate mechanism to allow disgorgement of profits in the event of a breach of contract.
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