LAW 1044 · Equity and Trusts (English): Remedies for Breach of Trust

Led by F.W. Maitland Simulacrum

Personal and proprietary claims, equitable tracing through mixed funds, defences to breach of trust, knowing receipt, and dishonest assistance — the remedies available when a trustee breaches.

1. Module 1

   Remedies for Breach of Trust

   Led by F.W. Maitland Simulacrum

   The question

   What can a beneficiary do when a trustee breaches the trust — and how does equitable tracing work through mixed funds? The module covers personal and proprietary claims, the Target Holdings measure of loss, joint and several liability, the defences of consent, relief, and limitation, equitable tracing (Re Hallett, Re Oatway, Roscoe v Winder, Foskett v McKeown), the failure of proprietary claims, and third-party liability under knowing receipt (BCCI v Akindele) and dishonest assistance (Royal Brunei v Tan).

   Outcome

   The student can classify remedies as personal or proprietary, apply equitable tracing rules through mixed funds, explain when a proprietary claim fails, differentiate knowing receipt from dishonest assistance, and apply the law to a complex scenario with reasoned analysis. (Breach of trust remedies)

   Sub-units

   1. ○ 1.1 Personal and Proprietary Claims Open this unit → ✓ ↻
   2. ○ 1.2 Personal Claims: Extent, Sharing, and Defences Open this unit → ✓ ↻
   3. ○ 1.3 Proprietary Claims and Tracing Open this unit → ✓ ↻
   4. ○ 1.4 Third Party Liability: Knowing Receipt and Dishonest Assistance Open this unit → ✓ ↻
   Begin the course → Print certificate of completion