Proprietary Liability for Breach of Trust or Fiduciary duty.doc - Possible ways to establish proprietary interests 1 Constructive trust i breach of F

Proprietary Liability for Breach of Trust or Fiduciary duty.doc

This preview shows page 1 - 2 out of 2 pages.

Possible ways to establish proprietary interests: 1) Constructive trust: i) breach of F duty with unauthorized profit, ii) misappropriation of trust fund iii) trusts arising from void/voidable contracts iv) unconscionability arising from misappropriation of property In order to claim the right in the property, must claim an equitable lien or CT after the tracing process i.e.: 1) Presence of a fiduciary relationship 2) The property remains identifiable 3) 3 rd party cannot invoke an defence Nature of tracing Boscawen v Bajwa and Foskett v McKeown : Tracing is a process by which a P traces what had happened to his property and identify properties which could be regarded as representing his. Existence of a fiduciary relationship Re Diplock but see Foskett , however, Shalson . Property remains identifiable Where trust property is money and is mixed with the defaulting trustee’s money in a running bank account: The presumptions on which they are founded also take account of the moral blameworthiness of the parties whose funds have been mixed. If a mixed fund consists of
Image of page 1
Image of page 2

You've reached the end of your free preview.

Want to read both pages?

  • Fall '13

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture