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Equity: Investment and Delegation Cases
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Last updated: November 30, 2023
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| First submitted | November 30, 2023 |
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Prudent business man standard.
Need to prove causal link between breach and relevant loss.
Defined the meaning of investment.
To employ money in the purchase of anything from which interest or profit is expected.
Ethical investment strategy allowed due to the nature of the trust.
Alternate ethical investments allowed as long as they are as valuable as others.
'Investment' does not have a precise legal meaning.
Beneficiary not allowed to occupy property as needed rental income from a third party.
Trustees can take their own views into account or the views they believe beneficiaries would take.
Mine workers pension scheme.
Breached duty by feeling obliged to take the first, lower, offer on a property.
More specific duty of trustees when appointing an agent.
Example of prior to 2000.
Buttle v Saunders [1950]
Cowan v Scargill [1985]
Dominica Social Security Board [2008]
Harries v Church Commissioners for England [1992]
Martin [1988]
Nestle v National Westminster Bank [1994]
Re Power's Will Trust [1947]
Re Vickery [1931]
Re Wragg [1919]
Speight v Gaunt (1883)
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