Trust

Página 1

in the course of breach of trust committed by a trustee, the trustee will have a personal liability to the beneficiary - she will be personally liable for that breach

- claims based on proprietary rights involve a claimant asserting a proprietary interest in an asset received by the defendant

PROPRIETARY BASE

we need to establish that the defendant has got something in which the claimanat has a proprietary interest

there are two types of evidential rule that will help a claimant to fulfil his proprietary claim - Tracing & Following

they are not claims in themselves, they neither tell us about whether the claimant has a claim nor any real indication of the appropriate remedy

they give us an indication of how to follow/trace assets

but rules to help us figure out where the claimant can go & what the claimant can argue that he is entitled to

this will depend on whether the beneficiary can trace/follow:

(i) his right in the original asset itself, or

(ii)his equitable interest in the substitute property