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Equity: Fiduciary Duty Cases

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Quiz by samparkin92
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Last updated: November 28, 2023
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First submittedNovember 28, 2023
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Average score33.3%
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Beneficiaries also executors of a will, accused D of using trustee voting rights in bad faith to obtain estate and shares, being trustee doesn't disentitle them to their share.
Solicitor to will trust, D personally financed and reshaped company, made to disgorge profits to company, liberal allowance allowed.
Acting director of prosecution, took bribes, used to invest in property, Had to disgorge original bribe money AND the property and any profits made from it.
In partnership, bought sugar for himself, had to disgorge profits.
Man dies, second wife has rejected lease renewal, son did so successfully, held that son was not a trustee, did not owe the profits of the lease to the trust.
Established no profit rule.
Solicitor falsely provided assurance for personal finance of remainder of purchase price, not a breach of fiduciary duty.
Also provides general definition of a fiduciary (Millet LJ).
Consulting firm advised other to buy hotel, took secret commission, decided that had to disgorge secret profits.
Testator died, had shares in company, left them to trustees, also directors of the company who's shares were in the will, profit gained was obtained via position as trustee.
Bentley v Crewen (1853)
Boardman v Phibbs [1967]
Bristol and West BS v Mothew [1997]
FHR European Ventures LLP v Cedar Capital Partners [2014]
Keech v Sandford (1726)
Re Biss [1903]
Re Gee [1948]
Re Macadam [1946]
Reid v AG for Hong Kong [1994]
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