ABSTRACT
In neither case does it matter whether the trustee acted honestly or otherwise;87 nor, since we are talking here about restitution for wrongs, is it relevant that the profit could not have gone to the beneficiaries at all.88 For obvious reasons, a similar principle attaches to an adviser to a trustee or other third party who makes use of such an opportunity, presumably on the basis that he is a joint wrongdoer and can be in no better position than the trustee himself.
