Breach of obligations

Question 1

Remedies for breach of trust may include

Answer 1

1) Compelling the trustee to perform duties
2) enjoining the trustee from committing a breach
3) compelling the trustee to pay money
4) Suspending or removing the trustee. and
5) Reducing or denying the trustee compensation

Question 2

Amount of damages

Answer 2

Greater the amount
1) required to restore the trust property or
2) trustee’s profit from the breach

Question 3

Contribution from co-trustee

Answer 3

A co trustee may obtain contribution from another co-trustee who is also liable fro breach of trust unless the co-trustee seeking contribution

1) Was more at fault; or
2) committed a breach in bad faith

Question 4

Damages in absence of breach

Answer 4

A trustee is not liable to beneficiary for loss in if he did not breach a duty