2018Oxford University Press eBooksRequires access

14. Breach of trust

Richard Clements, Ademola Abass

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Abstract

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on breach of trust discusses the following: the trustees’ duty of care; the fiduciary nature of trusteeship; the nature of equitable compensation; reasonable care and skill the liability of individual trustees; the criminal liability of trustees; the protection of trustees; trustee exemption clauses; section 61 Trustee Act 1925 and the court’s power to excuse the liability of trustees for breach of trust; when the statutory period of limitation applies; and the equitable doctrine of laches.

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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on breach of trust discusses the following: the trustees’ duty of care; the fiduciary nature of trusteeship; the nature of equitable compensation; reasonable care and skill the liability of individual trustees; the criminal liability of trustees; the protection of trustees; trustee exemption clauses; section 61 Trustee Act 1925 and the court’s power to excuse the liability of trustees for breach of trust; when the statutory period of limitation applies; and the equitable doctrine of laches.

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Available abstract

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on breach of trust discusses the following: the trustees’ duty of care; the fiduciary nature of trusteeship; the nature of equitable compensation; reasonable care and skill the liability of individual trustees; the criminal liability of trustees; the protection of trustees; trustee exemption clauses; section 61 Trustee Act 1925 and the court’s power to excuse the liability of trustees for breach of trust; when the statutory period of limitation applies; and the equitable doctrine of laches.

Key concepts: Excuse, Fiduciary, Liability, Law, Duty of care, Statutory law, Business, Compensation (psychology)

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