Thesis
Compensation for a claim of breach of fiduciary obligation owed by the crown towards indigenous people arising from the mismanagement of native title: A comparative analysis of the law in the United States, Canada and Australia
Honours, Murdoch University
1999
Abstract
The objective of this research paper is to examine the principles governing an award of compensation arising from a claim for a breach of fiduciary duty owed by the Crown towards the indigenous custodians of native title in Australia. If a fiduciary relationship can be established, breach of the duty would make the Crown as fiduciary liable to these indigenous people as beneficiaries for any damage flowing from the breach. The inherent flexibility of the remedies available for a breach of fiduciary duty are potentially significant to provide the necessary compensation1 for injustices suffered by indigenous people2 in relation to land…
Details
- Title
- Compensation for a claim of breach of fiduciary obligation owed by the crown towards indigenous people arising from the mismanagement of native title: A comparative analysis of the law in the United States, Canada and Australia
- Authors/Creators
- Ernest FE Samec
- Awarding Institution
- Murdoch University; Honours
- Identifiers
- 991005546364907891
- Murdoch Affiliation
- School of Law
- Language
- English
- Resource Type
- Thesis
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