12. Trustees’ duties

2019 ◽  
pp. 281-299
Author(s):  
Gary Watt
Keyword(s):  
Legal Knowledge ◽  
Personal Service ◽  
Key Points ◽  
Breach Of Duty ◽  
Personal Liability

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. In general, trustees have all the duties and burdens whereas the beneficiaries have all the rights and benefits. A breach of duties can result in personal liability for the trustee. The Trustee Act 2000 has made trusteeship more attractive to trust corporations and professional trustees by granting them improved powers of delegation and raising a presumption in favour of their remuneration without prejudicing the potential of trust instruments to make even more generous provision by express terms. This chapter analyses some specific duties of trustees and the consequences of accepting office, the extent of the duty to act gratuitously and to provide personal service, the rule against fiduciary profits, and a breach of duty to act impartially, as well as the duty to keep trust accounts. It also discusses the Trustee Act 2000, the trust instrument and quantum meruit.

12. Trustees’ duties

2021 ◽  
pp. 279-297
Author(s):  
Gary Watt
Keyword(s):  
Legal Knowledge ◽  
Personal Service ◽  
Key Points ◽  
Breach Of Duty ◽  
Personal Liability

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. In general, trustees have all the duties and burdens whereas the beneficiaries have all the rights and benefits. A breach of duties can result in personal liability for the trustee. The Trustee Act 2000 has made trusteeship more attractive to trust corporations and professional trustees by granting them improved powers of delegation and raising a presumption in favour of their remuneration without prejudicing the potential of trust instruments to make even more generous provision by express terms. This chapter analyses some specific duties of trustees and the consequences of accepting office, the extent of the duty to act gratuitously and to provide personal service, the rule against fiduciary profits, and a breach of duty to act impartially, as well as the duty to keep trust accounts. It also discusses the Trustee Act 2000, the trust instrument and quantum meruit.

12. Specific remedies

2019 ◽  
pp. 324-341
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Personal Service ◽  
Anticipatory Breach ◽  
Service Contracts ◽  
Number Of Factors ◽  
Key Points ◽  
Specific Performance

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter considers remedies that directly address the issue of providing the innocent party with the performance that was expected. Their use depends on a number of factors, which means that they are not universally available and that the claimant will therefore often be left to his remedy in damages. The discussions cover actions for the price or other agreed sum, the rule in White and Carter v McGregor, affirmation and anticipatory breach. The chapter goes on to discuss specific performance and injunctions and the tests of damages being inadequate, mutuality plus other factors such as personal service contracts and the relevance of the need for supervision.

4. Breach of duty

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Duty Of Care ◽  
Physical Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Key Points ◽  
History Of ◽  
Breach Of Duty ◽  
The Way ◽  
Public Bodies

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Negligence is a tort in its own right and involves an unintentional wrong as opposed to trespass which involves an intentional wrong. It has three main elements: duty of care (whether the defendant owes the claimant a duty of care), breach (whether the defendant has broken that duty), and damage (whether that breach has caused damage of a legally recognized kind to the claimant). Duty of care is determined by proximity, foreseeability, and policy and is most likely to be established in cases of positive acts which cause physical injury or property damage. This chapter provides an overview of the history of negligence and discusses the function of duty of care in negligence. It also considers the way duty of care has been defined and developed and applies the principles of duty of care in the areas of omissions and liability of public bodies.

18. Tracing

2019 ◽  
pp. 430-456
Author(s):  
Gary Watt
Keyword(s):  
Common Law ◽  
Legal Knowledge ◽  
Key Points ◽  
The Common ◽  
Trust Property ◽  
Bank Accounts ◽  
Personal Liability

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Trustees have personal liability in an action for compensation or account. If the action proves worthless in practice because the trustees are impecunious or have been declared bankrupt, and hence cannot repay trust monies to the fund, the beneficiaries may be able to trace the value of their trust property into bank accounts and into assets that have been bought with the trust property. It is the value of the trust property, not the precise item of the property itself, which is sought or traced in most cases. Tracing is a process that gives rise to the ultimate remedy of recovering misapplied money or property. This chapter examines tracing and the limits to common law tracing, the distinction between proprietary remedies and personal remedies, and how the rules for tracing in equity may be applied to unmixed funds, mixed funds and assets purchased with such funds. It also discusses the artificiality of the distinction between common law and equitable tracing rules, defences to the common law restitutionary claim and advantages of proprietary rights.

12. Specific remedies

2017 ◽  
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Personal Service ◽  
Anticipatory Breach ◽  
Service Contracts ◽  
Number Of Factors ◽  
Key Points ◽  
Specific Performance

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter considers remedies that directly address the issue of providing the innocent party with the performance that was expected. Their use depends on a number of factors, which means that they are not universally available and that the claimant will therefore often be left to his remedy in damages. The discussions cover actions for the price or other agreed sum, the rule in White and Carter v McGregor, affirmation and anticipatory breach. The chapter goes on to discuss specific performance and injunctions and the tests of damages being inadequate, mutuality plus other factors such as personal service contracts and the relevance of the need for supervision.

18. Tracing

2021 ◽  
pp. 426-452
Author(s):  
Gary Watt
Keyword(s):  
Common Law ◽  
Legal Knowledge ◽  
Key Points ◽  
The Common ◽  
Trust Property ◽  
Bank Accounts ◽  
Personal Liability

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Trustees have personal liability in an action for compensation or account. If the action proves worthless in practice because the trustees are impecunious or have been declared bankrupt, and hence cannot repay trust monies to the fund, the beneficiaries may be able to trace the value of their trust property into bank accounts and into assets that have been bought with the trust property. It is the value of the trust property, not the precise item of the property itself, which is sought or traced in most cases. Tracing is a process that gives rise to the ultimate remedy of recovering misapplied money or property. This chapter examines tracing and the limits to common law tracing, the distinction between proprietary remedies and personal remedies, and how the rules for tracing in equity may be applied to unmixed funds, mixed funds and assets purchased with such funds. It also discusses the artificiality of the distinction between common law and equitable tracing rules, defences to the common law restitutionary claim and advantages of proprietary rights.

12. Specific remedies

2021 ◽  
pp. 327-344
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Personal Service ◽  
Anticipatory Breach ◽  
Service Contracts ◽  
Number Of Factors ◽  
Key Points ◽  
Specific Performance

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter considers remedies that directly address the issue of providing the innocent party with the performance that was expected. Their use depends on a number of factors, which means that they are not universally available, and that the claimant will therefore often be left to his remedy in damages. The discussions cover actions for the price or other agreed sum, the rule in White and Carter v McGregor, affirmation and anticipatory breach. The chapter goes on to discuss specific performance and injunctions and the tests of damages being inadequate, mutuality plus other factors such as personal service contracts and the relevance of the need for supervision.

8. Employers’ liability and non-delegable duties

2020 ◽  
pp. 196-215
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Occupational Stress ◽  
Health And Safety ◽  
Duty Of Care ◽  
Legal Knowledge ◽  
Employment Contracts ◽  
Vicarious Liability ◽  
Key Points ◽  
Workplace Accidents ◽  
Personal Liability ◽  
Take All

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Employment contracts implicitly require an employer to take all reasonable care to ensure the health and safety of his or her employees. An employee who suffers an injury due to the tort of another employee may make the employer vicariously liable. In addition, the employer has a personal non-delegable duty of care to ensure that his employees are safe in the workplace. This chapter looks at the various sources of employers’ liability for workplace accidents and discusses the distinction between vicarious liability and personal liability. It also examines the non-delegable nature of the employer’s duty and considers developments in employer’s liability for occupational stress.

3. Breach of duty

2020 ◽  
pp. 59-79
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Standard Of Care ◽  
Duty Of Care ◽  
Legal Knowledge ◽  
Objective Standard ◽  
Key Points ◽  
Breach Of Duty ◽  
Basic Standard ◽  
Res Ipsa Loquitur

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The first step in establishing a negligence claim is to prove that the defendant owed the claimant a duty of care. The claimant must then show that the defendant has been negligent, that is, has breached that duty. To determine negligence, one must therefore establish how the defendant ought to have behaved in the circumstances (that is, standard of care) and whether the defendant’s behaviour fell below the desired standard (that is, breach). The basic standard of care in negligence is objectively assessed: that of the reasonable man. The objective standard can at times appear to work particularly harshly against a defendant, as exemplified by the case Nettleship v Weston (1971). This chapter examines breach of duty and the standard of care, the proof of negligence, and the application of the maxim res ipsa loquitur. It also discusses the Compensation Act 2006 which addresses the problem of the so-called compensation culture.

10. Vicarious liability

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Occupational Stress ◽  
Health And Safety ◽  
Duty Of Care ◽  
Legal Knowledge ◽  
Employment Contracts ◽  
Vicarious Liability ◽  
Key Points ◽  
Workplace Accidents ◽  
Personal Liability ◽  
Take All

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Employment contracts implicitly require an employer to take all reasonable care to ensure the health and safety of his or her employees. An employee who suffers an injury due to the tort of another employee may make the employer vicariously liable. In addition, the employer has a personal non-delegable duty of care to ensure that his employees are safe in the workplace. This chapter looks at the various sources of employers’ liability for workplace accidents and discusses the distinction between vicarious liability and personal liability. It also examines the non-delegable nature of the employer’s duty and considers developments in employer’s liability for occupational stress.

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