Allowances And The Search For Justification

  • Jessica Palmer University of Otago, New Zealand
Keywords: fiduciary, dishonesty, allowances

Abstract

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.

Author Biography

Jessica Palmer, University of Otago, New Zealand
Associate Professor of the Facult of Law at the University of Otago, New Zealand
Published
2016-12-10