On 1 Nov, 23:45, "Robin" wrote:
I don't know much about this type of claim but it sounds as if the
claimant
might be claiming an account of profits rather than damages?

Chris R

IANAL but that jogged a memory about the law catching up with the
commonsense thought that your friend (or her friend) shouldn't end up
keeping the profit from a "naughty sale". And that then led tohttp://www.maitlandchambers.co.uk/Files/Article/PDF/JMillgottengains.pdf
which *might* be relevant

--
Robin

Thanks Robin. That article focuses more on *extensions* to the account
of profits rule.

It does mention that profits can be sought for a claim of conversion,
but there is a distinction in the cases I've quoted between profits
for
*using* (eg. hiring out) the item which the claimant is often entitled
to,
and and profits for *selling* the item which the claimant is often
not
entitled if he has already recovered all his losses (or not suffered
any).

In the VFC case I mentioned, the claimant won his hire purchase
payments
but did not win the profits that were made on the sale of the vehicles
that occurred.

I guess another question is, the sale may have been "naughty" because
the
tickets turned out to be owned by the event organiser, but reasonably
the seller
didn't know that. But is the sale additionally "naughty" because it
breached the
ticket conditions (even though the seller was not a party to the
contract)?

But it could all come down to what a judge thinks...