Allowances For Breaching Fiduciaries To Ensure That The Principal Who Seeks Equity Must Do Equity: Why Not Quantum Meruit?

  • Anja Kantic University of South Australia
Keywords: quantum meruit, fiduciary, dishonest, allowances, breach, duties


This article considers the potential application of unjust enrichment on a quantum meruit basis to the assessment of allowances for breaching fiduciaries. It briefly outlines the jurisprudential basis for these allowances and then explores the role of unjust enrichment in awarding relief to a breaching party to a contract. Although such a party has breached the contract, quantum meruit operates to ensure that they are fairly compensated for work done or effort expended. The article argues that there are substantial similarities between the position of the party who has breached a contract and that of the breaching fiduciary. It is therefore useful to explain the potential application of quantum meruit to the assessment of allowances for breaching fiduciaries to ensure that the principal who seeks equity must do equity.

Author Biography

Anja Kantic, University of South Australia