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    PracticeACCAACCA LW — Corporate and Business Law Practice Exam 2Question 56
    Medium2 marksMultiple Choice
    Management, administration and the regulation of companiesSection BSyllabus FCorporate and Business Law

    ACCA · Question 56 · Management, administration and the regulation of companies

    Scenario: 'Quantum Lithography PLC' manufactures microchips. The CEO, David, secretly sets up a rival consulting firm and diverts a lucrative government contract away from Quantum to his new firm. Another director, Fiona, fails to declare her 30% shareholding in a company that Quantum just signed a major supply contract with.

    Question: What is the primary civil remedy Quantum Lithography PLC will seek against David to recover the money he made from the diverted contract?

    Answer options:

    A.

    Specific performance.

    B.

    An account of profits.

    C.

    A fine payable to Companies House.

    D.

    Rescission of David's employment contract.

    How to approach this question

    Identify the goal: recovering the illicit gains made by the director. The equitable remedy for this is an account of profits.

    Full Answer

    B.An account of profits.✓ Correct
    When a director breaches their fiduciary duties (such as s.175) and makes a personal profit, the company can claim an 'account of profits'. This equitable remedy strips the director of their ill-gotten gains and transfers them to the company, regardless of whether the company itself suffered a financial loss.

    Common mistakes

    Confusing damages (compensating for loss) with an account of profits (stripping the wrongdoer of gains).
    Question 55All questionsQuestion 57

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