This is the second of two articles about cases in which awards of “mesne profits” have been made against defendants who have occupied claimants’ land. The first article argues that the facts of cases where such awards have been made variously support claims in tort, contract or unjust enrichment and that practical consequences can flow from categorising the cases in one way or another. One is that different rules affect the assessment of remedies awarded to claimants depending on the claim that was made and the remedy that was awarded. The present article develops this point by examining the assessment principles governing “mesne profits” awards, according to whether these are classified as compensatory damages in tort, restitutionary damages in tort, orders that a defendant perform a contractual duty to pay a debt, compensatory damages for breach of contract, or orders that a defendant make restitution of an unjust enrichment.

The article examines a series of cases spanning a 250-year period in which the courts have awarded “mesne profits” against defendants who have occupied claimants’ land. The article argues (1) that various causes of action are disclosed by the facts of cases in which such awards have been made, (2) that these causes of action have changed as the law of obligations has evolved, (3) that modern courts often do not consider what causes of action are disclosed by the facts of “mesne profits cases”, (4) that this is unfortunate because practical consequences can flow from categorising the cases in one way or another and (5) that the resolution of future “mesne profits cases” will become more just and more transparent when it is understood that their facts may variously disclose causes of action in tort, contract or unjust enrichment.