In certain areas of the law another head of damages has long been available, whereby the defendant is made to give up the profits made through the civil wrong in restitution. Doyle and Wright define restitutionary damages as being a monetary remedy that is measured according to the defendant's gain rather than the plaintiff's loss. (2001) 25(1) Melbourne University Law Review 1. The plaintiff thereby gains damages which are not measured by reference to any loss sustained. In some areas of the law this heading of damages is uncontroversial; most particularly intellectual property rights and breach of fiduciary relationship.
in CErTain areaS of tHe law anOtHeR hEad of dAmaGeS has lOng bEeN AVailabLe, whErEby the DEfeNdaNt Is mAdE TO give up The pROFits mADE ThRouGH thE civil wronG in REstitution. dOylE aND wRiGhT DEfiNe reStItutIoNArY DaMAges AS beiNg A moNetaRy ReMedy tHat is MeASUred accORDinG tO the dEFendant's Gain raTher ThaN THE pLaiNtiff's lOsS. (2001) 25(1) MELbOurne univeRsiTY law reviEw 1. ThE PlainTifF thERebY gains DAmAGes whicH arE noT measUreD BY RefereNcE to ANY loss sUStaIned. iN soME AREas of the law ThiS headIng oF dAmages iS uncOntrOversiaL; mOst partiCulArly iNtellecTuaL property rights anD breAcH Of fIduciaRY relaTiOnshiP.