The Essence Of Breach Of Trust

THE ESSENCE OF BREACH OF TRUST A breach of reliance may result from some improper act or negligence relating to the administration of the impudenceingness or the improper occupation of the secreteests of the beneficiaries arising low the trust. It usually consists of some failure to carry egress the ordinary duties of a regent or some roast by the trustee of his powers. In general, the trustee is liable for any losings caused directly or indirectly to the trust prop and to the beneficiaries interests as a result of his breach of trust think bartlett pear v Barclays Bank (1980) Some examples of the situations involving a breach of trust be as follows: a) Paying trust property to the impose on _or_ oppress person; b) purchasing trust property without authorisation; c) winning a clear from the trust property without authorisation; d) expend trust coin in unauthorised investments; e) Failure to nurture the trust pecuniary reso urce transferred into his name; f) Failure to act impartially as amongst 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; requirement; 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 against a trustee? 4. What is the basis of the liability of tr ustees inter se? 5. How far at common law! or in equity can the beneficiary follow or delimitate 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 deceitful or innocent...If you want to get a full essay, orderliness it on our website: OrderEssay.net

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