Duties And Liabilities

Question 1

Holder v holder

Answer 1

Trustee nots allowed to purchase trust property

Exceptional case

Question 2

Klug v klug

Answer 2

Courts can interfere with trustee power if acted in bad faith

Question 3

Tenperest v lord camoys

Answer 3

If no bad faith court not interfere

Question 4

Pitt v Holt

Answer 4

Good faith, responsible, reasonably

Question 5

Re Hastings bass

Answer 5

Where trustees given discretion and act in good faith courts should not interfere unless:

Irrelevant considerations considered

Relevant ignored

Question 6

Schmidt v rosewood trust

Answer 6

Duty to give info

Courts supervise

Question 7

Howe v Earl of Dartmouth

Answer 7

Trustee must act impartially

Strike a balance

Question 8

Re kershaws

Answer 8

Advancement

Wider meaning than just financial benefit

Question 9

Armitage v nurse

Answer 9

Trust excluded liability of the trustees for loss or damage unless caused by trustee fraud

Question 10

Re brodgen

Answer 10

Reasonable steps to recover debt

Question 11

Re wragg

Answer 11

Apply money for purchase of property where profit expected

Question 12

Cowan v scarfill

Answer 12

Not required to follow advice, need good reason

Question 13

Speight v Gaunt

Answer 13

Same precautions ordinary man would take

Question 14

Cowan v scargill, Robert

Answer 14

The trustees must not refrain from making investments by reasons of views they hold

Question 15

Hawkesley v may

Answer 15

Beneficiaries need not make first demand for payment

Question 16

Nestle v national Westminster bank

Answer 16

found not liable as they couldnt show it would’ve been any different

Question 17

Tito v Waddell

Answer 17

Beach of trust is violation of any duty trusteenowws

Question 18

Armitage v nurse

Answer 18

Can exclude for negligence but not breach of fundamental duties

Honest, good faith, for the beneficiaries

Question 19

Wight v Olswang

Answer 19

Clause exempting liability of solicitor given restricted interp