The Essence Of Breach Of Trust

THE ESSENCE OF BREACH OF TRUST A breach of confidence may result from some improper act or negligence relating to the administration of the religioningness or the improper performance of the secreteests of the beneficiaries arising low the trust. It usually consists of some failure to carry emerge the ordinary duties of a regent or some execration by the trustee of his powers. In general, the trustee is liable for whatsoever losings caused directly or indirectly to the trust stead and to the beneficiaries interests as a result of his breach of trust chance bartlett pear v Barclays Bank (1980) Some examples of the situations involving a breach of trust are as follows: a) Paying trust property to the impose on _or_ oppress person; b) buying trust property without authorisation; c) winning a earnings from the trust property without authorisation; d) expend trust monetary resource in unauthorised investments; e) Failure to nurtu re the trust bullion transferred into his name; f) Failure to act impartially as amid the cestuis que trusts. The following basic problems concerning breach of trust leave be discussed: 1. What is the nature of the general liability of trustees to the beneficiaries, and what is the posting of that liability? 2. What are the remedies available to the beneficiaries for breach of trust?

individualised Remedy; collection; Proprietary Remedy 3. What are the defences available to a trustee in proceedings for breach of trust, and, in particular, what are the rules concerning the limitation of actions a gainst a trustee? 4. What is the basis of! the liability of trustees inter se? 5. How far at common law or in equity can the beneficiary follow or line trust property, which has come into the hands of a nonher? This will be discussed in Lecture 15. 1.LIABILITY OF TRUSTEES TO THE BENEFICIARIES A trustee is liable for a breach of trust, which arises through his default. Whether or not the breach results from conduct, which is ambidextrous or innocent...If you want to get a full essay, order it on our website: BestEssayCheap.com

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