Haley, MA (2017) Section 61 of the Trustee Act 1925: A Judicious Breach of Trust? The Cambridge Law Journal, 76 (3). pp. 537-565. ISSN 0008-1973

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Abstract

This article is concerned with s. 61 of the Trustee Act 1925. It will analyse the origins, design and modern day operation of the jurisdiction to relieve a trustee from personal liability following a breach of trust. It will revisit the threshold conditions of honesty, reasonableness and fairness and, in the context of mortgage fraud, contend that this exculpatory jurisdiction ought not extend to the bare commercial trust that exists between the mortgagee and its solicitor. Defects, uncertainties and shortcomings associated with s. 61 will also be addressed.

Item Type: Article
Additional Information: COPYRIGHT: © Cambridge Law Journal and Contributors 2017
Uncontrolled Keywords: trustee; breach; s.61; relief; honesty; reasonableness; fairness
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 18 Oct 2017 08:29
Last Modified: 19 Dec 2017 11:41
URI: http://eprints.keele.ac.uk/id/eprint/3126

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