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(p. 741) Part VIII Breach 

(p. 741) Part VIII Breach
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date: 25 August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the nature of breach of trust and how a trustee can be personally liable for such a breach. Trustees may seek to escape liability by relying on an exclusion clause in the trust instrument. Such clauses might exclude certain duties owed by the trustees or exempt the trustees from liability for a breach of trust. The liability of trustees for a breach of trust is joint and several: a beneficiary may sue only one trustee for all the loss suffered. That trustee may then seek contribution from others who are responsible for the same damage. In some cases, the court might excuse a breach of trust where trustees have acted honestly, reasonably, and where it is fair to do so.

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