5)taking account (falsification/surcharge) Flashcards

1
Q

1

A

since the misapplied trust assets, D’s liable to falsify the account (Target)

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2
Q

2

A

restore account to what it should have been in species at the time of judgment without the breach,
- if not possible then so far as money can do
- if trust came to an end,trustee liable personally to compensate the beneficiary
(Target)

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3
Q

1

A

since trustee didn’t do what they were suppose to do (autohrized to do), D’s liable to surcharge the account (Millet)

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4
Q

2

A

the test is common law causation with remoteness and novus actus intervention (Millet)

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