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(p. 408) 13. Breach of Trust: The Personal Liability of Trustees 

(p. 408) 13. Breach of Trust: The Personal Liability of Trustees
Chapter:
(p. 408) 13. Breach of Trust: The Personal Liability of Trustees
Author(s):

Gary Watt

DOI:
10.1093/he/9780198737650.003.0013
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date: 22 August 2019

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter discusses the basic extent of trustees’ liability to reinstate the trust fund, compensate losses, and account for unauthorised gains; identifies the range of possible defences to breach of trust; identifies the scope for relief from liability for breach of trust; considers the possibility that there might be a technical or judicious breach of trust without incurring any liability for breach; and distinguishes traditional settlement trusts (where the trust fund must be reinstated) from bare trusts in commercial contexts (where the trustee or fiduciary must compensate the beneficiary or principal directly).

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