5)taking account (falsification/surcharge) Flashcards
1
Q
1
A
since the misapplied trust assets, D’s liable to falsify the account (Target)
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)
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)
4
Q
2
A
the test is common law causation with remoteness and novus actus intervention (Millet)