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The Judge held Mark Redler was in breach of trust, and awarded £273,777 as equitable compensation. The Court of Appeal held that the claim was not so limited, and MR had no authority to release any funds until the redemption statement, unless the first charge for AIB was registered, but upheld the judge's award.
Also, a claim for breach of trust was not accepted, because Mothew's misrepresentations did not lead him outside his authority to apply the mortgage money. At p. 16-18 Millett LJ gave a summary of the relevant law. Despite the warning given by Fletcher Moulton L.J. in In re Coomber; Coomber v.
Murad v Al-Saraj [2005] EWCA Civ 959 is an English trusts law case, concerning remedies for breach of trust for a conflict of interest. It exemplifies a restitution claim. It exemplifies a restitution claim.
This was not in the position as if a breach had not occurred. Mummery LJ and Hobhouse LJ, held that Target Holdings applies to all breaches of trust, whatever the nature of the duty breached or the manner of its breach, so limiting claims for compensation or restitution when the loss or gain is caused by the breach.
Cobell v. Salazar (previously Cobell v.Kempthorne and Cobell v.Norton and Cobell v.Babbitt) is a class-action lawsuit brought by Elouise Cobell and other Native American representatives in 1996 against two departments of the United States government: the Department of Interior and the Department of the Treasury for mismanagement of Indian trust funds.
Intangible property cannot be the subject of a claim for conversion. On the tort of inducing or procuring breach of contract, there are five requirements: (1) there must be a contract (2) the contract must be breached (3) the defendant's conduct must have procured or induced the breach (4) the defendant must have known about the breached term ...
The first is the decision of this House in Sinclair v Brougham [1914] AC 398, which appears to provide authority that a resulting trust may indeed arise in a case such as the present. The second is that on the authorities there is an equitable jurisdiction to award the plaintiff compound interest in cases where the defendant is a trustee.
Byers v Saudi National Bank [2023] UKSC 51 is a decision of the Supreme Court of the United Kingdom in the long running litigation between the liquidators of SAAD Investments Company Limited and various parties relating to the alleged defrauding of the insolvent company by one of its principals.