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Section 61 of the Trustee Act 1925: A Judicious Breach of Trust?

Haley, Michael



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.

Acceptance Date Sep 7, 2017
Online Publication Date Sep 7, 2017
Publication Date Nov 1, 2017
Publicly Available Date May 26, 2023
Journal The Cambridge Law Journal
Print ISSN 0008-1973
Publisher Cambridge University Press
Volume 76
Issue 3
Pages 537-565
Keywords trustee; breach; s.61; relief; honesty; reasonableness; fairness
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