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Breach of Trustee Duties Essay

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Below is an essay on "Breach of Trustee Duties" from Anti Essays, your source for research papers, essays, and term paper examples.

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Equity and Trusts 2013/14   LW 3370   Tutorial 3Trustees’ Powers of Advancement, Investment, Delegation of Tasks   and Personal Liability for Breach of Trust |

Reading

VIRGO
Fiduciary duties: 486-488, 505-507, 510-514
Power of advancement (do not worry about how perpetuities might apply): 475-478.
Investment: 421-444; Delegation: 454-457.
Personal liability of trustees for breach: 543-552, 554-557, 564-572.

DAVIES AND VIRGO CASEBOOK
Fiduciary duties: 660-662
Advancement: 556-557, 635, 639-641.
Investment: 566-578, 580-598; Delegation: 601-603, 604-607.
Personal liability of trustees for breach: 684-686, 697-698, 725-757, 776-786.

HALEY AND MCMURTRY
Advancement: 14.34-14.44.
Investment and delegation: 14.01-14.18 (omit 14.15); 12.34-12.35
Duties and breach: 13.01-13.10; 13.20-13.33; 17.01-17.27.

Key Cases
Re Pauling's ST [1964] Ch. 303, CA; Nestle v Nat West [1993] WLR 1260; Cowan v Scargill [1985] Ch 270; Armitage v. Nurse [1997] 2 All ER 705; Target Holdings v. Redferns [1996] 1 AC 421

Students should divide into four sections (e.g. in a tutorial of eight, there should be four pairs). Although everyone should prepare all of the issues, please assume that you are acting for one of the four parties: (i) Simon (ii) Rowena (iii) Betty (iv) Archie.

Your task is to do the best for your client, bearing in mind that a negotiated settlement will avoid the costs and uncertainty of litigation. Consider the strength of the other parties' position, as you prepare your client's brief.

*   Representatives of the beneficiaries should consider what remedies they want and the basis of the claim.

*   Representatives of the trustees should consider what information they can put forward to resist a claim and what defences are available.

DISPUTE

John Smith died in 2007, leaving his residue (valued at that time at £2 million) on trust. The residue consisted of £1 million of shares in twenty public companies and £1...

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