Remedies for breach of trust

Question 1

Inaction or standing by whilst another trustee breached their duty, is a breach

Answer 1

Styles v Guy (1849)

Question 2

Wide exemption clauses are less likely to allow a trustee to avoid liability for gross negligence

Answer 2

Armitage v Nurse [1998]

Question 3

Lipkin Gorman (1992)

Answer 3

Innocent recipient of funds who has changed position in good faith, it would be unjust to compel him to make restitution