This article examines exoneration and exculpation provisions in English and US style trust deeds and considers the extent to which the law applicable to these is the same and how it may differ. The question is how far a trustee may go to exclude liability for breach of duty of care and the legal basis for this. It then examines what perhaps should be the initial question, namely, the extent to which a deed of trust can remove such duties so that no trustee liability arises in the first place. The question is the extent to which removal of duties of care is permissible.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.