Distributive justice and proprietary remedies over bribes

Abstract

It is often said that distributive justice has no place in private law. However, distributive justice considerations feature strongly in cases involving the remedies imposed over bribes gained in breach of fiduciary duty. This paper argues that courts should exercise structured discretion, guided by principles of distributive justice, in ascertaining the appropriate remedy. The distributive factors of desert, needs and equality should inform the determination of what remedy is apposite to provide justice in the circumstances.