Mind map
Remedies for breach of trust
Map content
Remedies for breach of trust
Personal liability
- Against trustee
- joint & several liable, unless:
- only one trustee fraudulent
- trustee is a solicitor and influences
- trustee is a beneficiary and participates
- cannot pursue if fully aware and consented to breach
- defences
- s61 TA 1925
- Limitation: 6 years
- exemption clause
- compensate loss suffered by trust
- liable for own breach, unless:
- stood by and watched
- failed to act on discovery
- released by trustee or beneficiary
Proprietary liability
- Tracing
- Common law
- must have legal interest
- only trustee
- property identifiable through out
- defence: third party gave consideration
- must have legal interest
- Equitable
- Property held by someone in fiduciary position
- Beneficiary can claim
- Bona Fide purchaser has unanswerable claim
- leads to proprietary right to propert
- Property held by someone in fiduciary position
- Mixed funds
- beneficiary has first charge
- trustee presumed to withdraw own funds first
- beneficiary entitled to assets purchased with funds
- Common law
- claim to trust property or product of trust property
- Tracing
Liability of strangers
- stranger: someone not appointed as trustee nor beneficiary
- trustee de son tort: acting like a trustee
- knowing receipt
- had knowledge of breach
- received trust property with that knowledge
- dishonest assistance
- Royal Brunei test
- creates constructive trust
Information
- Description
- diploma Contract Law Mind Map on Remedies for breach of trust, created by lorriehone on 06/01/2014.
- Created by
- lorriehone · Jan 2014
- Updated
- Feb 19, 2016
- Views
- 56
- Rating