Led by F.W. Maitland Simulacrum
About this course
When a trustee breaches the trust, the beneficiary can pursue a personal claim (the trustee pays from their own pocket) or a proprietary claim (the beneficiary asserts ownership over identifiable trust property or its traceable proceeds). The proprietary claim gives priority in insolvency and captures any increase in value — but it fails if the property has been dissipated. Where trust property reaches a third party, liability turns on knowing receipt or dishonest assistance — each with its own contested threshold.
Led by F.W. Maitland Simulacrum.
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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