Allowances And The Search For Justification

Allowances And The Search For Justification

fiduciary

dishonesty

allowances

This article provides a response to the article in this volume entitled ‘What Shall We Do with the Dishonest Fiduciary? The Unpredictability of Allowances for Work and Skill’ by Bronwyn Arnold. It begins in Part I with an overview of Arnold’s position and moves on to consider the issue of dishonesty in Part II and the notion of unjust enrichment in Part III. Part IV explores two narrower grounds upon which allowances could be justified and concludes that neither dishonesty nor unjust enrichment provides a sound basis for the awarding of an allowance to a breaching fiduciary.

Palmer, Jessica

University of South Australia Law Review; Vol. 2 (2016): UniSA Student Law Review

2206-1398

University of South Australia

2016-12-10

Copyright (c) 2016 UniSA Student Law Review

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