could be relied on by an errant fiduciary providing a tortious duty of care was first established by the plaintiff.

could present conceptual challenges when relied on in equitable, specifically fiduciary, claims given the doctrine originates in tort rather than equity. 

could not be relied on by an errant fiduciary if the errant fiduciary also sought an allowance.

could only be relied on in equitable claims for an account of profits because the causation test is the same.