Fiduciaries

  • Created by: Lara
  • Created on: 30-04-19 15:25
Bristol &West BS
In this case Millet said fiduciaries have the duty of loyalty
1 of 18
Barclays Bank v Quistclose Inv 1970
where money is loaned for a specific purpose, borrower has a fiduciary relationship
2 of 18
Hooper v Garvin 2001
some form of undertaking and rliance by placing propeerty/confidence makes a fiduciary relationship
3 of 18
IDC v Cooley
Remedies; Account (personal remedy)
4 of 18
Foskett v McKeown 2001
Remedies: Remedial Constructive Trust where property goes up in value
5 of 18
Tang Man Sit v Capacious Inv 1992
Remedies: Equitable compensation, where property decreased in value
6 of 18
Bray v Ford 1896
Fiduciary cannot make profit or put himself in the position of conflict of interest
7 of 18
Re Duke of Nortfolk's Settlement Trusts 1982
Court has inherent jurisdiction to give exress authority to trustee for charges
8 of 18
Keech v Sandford 1726
Example of conflict of interest: Rule in Keech, a turstee cannot retain the benefit of a renewed lease (baby's lease case)
9 of 18
IDC v Cooley 1972
Example of conflict of interest: Secret Profits, faked illness, resigned and took new job
10 of 18
Boardman v Phipps 1965
KEY CASE! Examples of conflict of interest: Misuse of opportunities and information, low threshold of 'mere possibility of conflict of interest'
11 of 18
Regal Hastings v Gulliver 1942, Guiness v Saunders 1990
Followed low threshold as in Boardman
12 of 18
Murad v Al-Saraj 2005, Foster Bryant v Bryant 2007
Said its time to start following the high threshold as otherwise this stops trustees being able to make use of corporate opportunities
13 of 18
Peso Silvermines v Cropper 1966, Consul Development v DPC Estates 1975, Queensland Mines v Hudson 1978
foreign jurisdictions that followed the high threshold
14 of 18
Re Macadam 1946
Examples of conflict of interst: Director Fees
15 of 18
Williams v Barton 1927
Examples of conflict of interest: Commission Fees
16 of 18
Campbell v Walker 1800
Examples of conflict of interest: Self-dealing
17 of 18
Cotes v Trecothick 1804
Examples of conflict of interest: Fair-dealing
18 of 18

Other cards in this set

Card 2

Front

where money is loaned for a specific purpose, borrower has a fiduciary relationship

Back

Barclays Bank v Quistclose Inv 1970

Card 3

Front

some form of undertaking and rliance by placing propeerty/confidence makes a fiduciary relationship

Back

Preview of the back of card 3

Card 4

Front

Remedies; Account (personal remedy)

Back

Preview of the back of card 4

Card 5

Front

Remedies: Remedial Constructive Trust where property goes up in value

Back

Preview of the back of card 5
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