Breach Of Duty

Question 1

Causation

Answer 1

But for test

Question 2

Target holdings v Redfern 1995

Answer 2

Leant 1 1/2 mil, told house 2mil each but actually only 750,000 each > negligent estate agent breach fiduciary duties

Question 3

Liability for agent

Answer 3

S.23 TA 2000 (not strict liability s.25 TA1925 = strict delegation liability)

Question 4

Liability for co trustee

Answer 4

Personal, not vicarious,

Question 5

Bahir v Hughes

Answer 5

Passive trustee may be liable for failure to prevent breach

Question 6

Civil liability (contributions) Act 1978

Answer 6

More than one trustee in breach = jointly and severally liable

Question 7

Re smith

Answer 7

Possible right to indemnity if co trustee fraudulent

Question 8

Re Partington 1887

Answer 8

Possible indemnity if co trustee has controlling influence

Question 9

Fry v Fry 1859

Answer 9

Compensation for Loss

Question 10

Dime v Scott

Answer 10

Loss can’t be set off against gain

Question 11

Bartless v Barclays 1980
Nestle v natwest

Answer 11

Liability’s measured with actual fund compared to value that prudent trustee could achieve