A Greeting

Stuart, John

doi:10.3233/ch-1986-6203

Cited by 1 publication

(2 citation statements)

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“…111 The ability to obtain directions was after all devised as a means of avoiding a breach of trust. 112 Kekewich J. added that, "The fact that a trustee has omitted to obtain the directions of the Court has never been held to be a ground for holding him personally liable". 113 Accordingly, if the failure is disassociated from a breach of duty there can be no personal liability from which relief can be granted.…”

Section: A Duty Breach and Liabilitymentioning

confidence: 99%

“…47 Personal liability remained a real threat for the trustee who exercised his dispositive functions and powers on the erroneous advice of an agent. 48 This gave rise to a keen sense of unfairness such that, in the Trustee Bill 1888, there was an abortive attempt to introduce a general power to delegate. It was a further 38 years before such powers to appoint agents 49 and to delegate 50 materialised and fuller protection was afforded to the trustee for the acts of his agents.…”

mentioning

confidence: 99%

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Section 61 of the Trustee Act 1925: A Judicious Breach of Trust?

Haley¹

2017

C.L.J.

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ABSTRACT. This article is concerned with s. 61 of the Trustee Act 1925. It will analyse the origins, design and modern day operation of the jurisdiction to relieve a trustee from personal liability following a breach of trust. It will revisit the threshold conditions of honesty, reasonableness and fairness and, in the context of mortgage fraud, contend that this exculpatory jurisdiction ought not extend to the bare commercial trust that exists between the mortgagee and its solicitor. Defects, uncertainties and shortcomings associated with s. 61 will also be addressed.

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Section: A Duty Breach and Liabilitymentioning

confidence: 99%

mentioning

confidence: 99%