Personal claims and remedies

Quiz Content

not completed
'Where a trustee has misappropriated trust property and used it to acquire other property, the beneficiaries must seek a personal remedy to recover the value of the property which was misappropriated.'

not completed
How do primary duties differ in Equity and Common Law?

not completed
Traditionally, what was Equity's principal mechanism for providing relief following a breach of duty by a trustee or fiduciary?

not completed
Which of the following statements are true?

not completed
Frankie is a fiduciary and enters into a contract with Trixie on behalf of her principal, Phil, in circumstances under which Frankie will profit. What will it mean for Phil to unwind the transaction?

not completed
'The effect of falsification is that the trustee will be treated as having funded the transaction from their own assets.'

not completed
Traditionally, which of the following features of causation have applied to the falsification of an account?

not completed
What is the key factor in assessing whether a trustee is liable to restore to the trust the value of property transferred in breach of trust?

not completed
Which of the following is a consequence of the decisions in Target Holdings and AIB v Redler?

not completed
In AIB v Redler, according to Lord Toulson, why was the defendant liable to compensate £275,000 instead of £3.3 million?

not completed
A trustee has made an unauthorized investment. Can the beneficiaries falsify or surcharge the trust?

not completed
A trustee failed to invest diligently as she should have. Can the beneficiaries falsify or surcharge the trust?

not completed
In what circumstances can a trustee offset a gain against a loss?

not completed
When might equitable compensation be available?

not completed
'Where a fiduciary breaches a fiduciary duty and the principal seeks equitable compensation, the test of causation adopted is the usual "but for" test.'

not completed
Will a fiduciary who has acted dishonestly in breaching their fiduciary duty be liable for all losses resulting from the breach, even those that are not foreseeable?

not completed
What was the decision in Murad v Al-Saraj?

not completed
In order to obtain an account of profits, what must be shown?

not completed
When will the courts award an equitable allowance to a defendant in breach?

not completed
'The equitable allowance can be justified on the ground that, where the defendant has made a profit by virtue of their own time and skill, it cannot be said that all of the defendant's profits derived from the commission of the wrong.'

not completed
'The court has a discretion to make an order for the payment of interest to punish the defendant.'

not completed
'The trustee or fiduciary in breach will only be liable to pay actual interest that they have received.'

not completed
'Compound interest originated in the Common Law courts.'

not completed
'Compensatory and gain-based remedies are not always inconsistent.'

Back to top