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Mind map

Remedies for breach of trust

lorriehone Contract Law diploma English

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Remedies for breach of trust

  1. 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
  2. Proprietary liability

    • Tracing
      • Common law
        • must have legal interest
          • only trustee
        • property identifiable through out
        • defence: third party gave consideration
      • Equitable
        • Property held by someone in fiduciary position
          • Beneficiary can claim
        • Bona Fide purchaser has unanswerable claim
        • leads to proprietary right to propert
      • Mixed funds
        • beneficiary has first charge
        • trustee presumed to withdraw own funds first
        • beneficiary entitled to assets purchased with funds
    • claim to trust property or product of trust property
  3. 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

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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
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