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Fiduciary Duties | Equity & Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA A fiduciary relationship implies a duty of trust: it is usually a one-way relationship: a trustee owes a beneficiary a fiduciary duty, but not vice versa. “A fiduciary must act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal. This is not intended to be an exhaustive list, but it is sufficient to indicate the nature of fiduciary obligations. They are the defining characteristics of the fiduciary”: Bristol and West Building Society v Mothe...
published: 24 Jun 2020
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What is a Fiduciary Duty? | Equity & Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA A fiduciary duty is a duty to act in the best interests of another, if necessary in preference to one’s own interests: “The essence of a fiduciary relationship is that the fiduciary subordinates his own interests to his principal's” - Wollenberg v Casinos Austria International Holding GmbH [2011] EWHC 103 (Ch) [208] (Lewison J)
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and central...
published: 21 Jun 2020
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Types of Fiduciary Relationships | Equity & Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA There are a number of well established fiduciary duties. The trustee-beneficiary relationship is the leading fiduciary relationship - it has been adopted, with modifications, to other relationship such as solicitor and client and director and company.
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can...
published: 22 Jun 2020
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Fiduciary Duties (Part 2) | Equity & Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA Fiduciaries also have a duty to act in good faith, not act in conflict of any interests, and ensure they do not act on behalf of another in relation to the same issue.
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: htt...
published: 26 Jun 2020
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Code and Standards: The Fiduciary Obligation
CFP Board's General Counsel Leo Rydzewski discusses the expanded fiduciary obligation at the core of the new Code and Standards.
published: 04 Dec 2018
-
What is Equity ? || What are maxims of equity? || Origin of Equity court ||
1. Start your preparation of Judicial Service at home with our membership plan. For more details drop a message on WhatsApp on this number : 8840961324 or Message Najeeb on WhatsApp. https://wa.me/message/KQFV6VUK5AIWB1
2. Follow me on:
Instagram: najeebkhan11
https://www.instagram.com/najeebkhan11/
3.Twitter:https://mobile.twitter.com/NajeebU83984530
4. Facebook:https://www.facebook.com/100005475122959/posts/1068604166665411?sfns=m
published: 31 May 2019
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Equity & Trusts - Powers and Duties of Trustees
Whereas a duty must be exercised by a trustee, a power is something that can be exercised by the trustee.
In any case the trustee is afforded discretion and so according to Pitt v Holt [2013] they must simply act:
*in good faith
*responsibly
*reasonably
*based on the facts (e.g. type of trust)
*often on the advice of experts (e.g. accountants, lawyers etc.)
Trustees do not have to give reasons for their decisions (Re Beloved Wilkes’ Charity (1851)) and the court will only interfere when the trustee acts in bad faith (Klug v Klug [1918]).
This comes up when the trustee acts on bad advice where under the new case law of Pitt v Holt [2013] it actually makes it much harder for such mistakes to be rectified.
Duties of the trustee include:
*providing information (Re Londonderry’s Settlement ...
published: 07 Apr 2019
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Equity Short: Constructive Trusts and breach of fiduciary duty - IDC v. Cooley
In this “Equity Short” Dr. Tribe considers a breach of fiduciary duty and the use of a constructive trust in IDC v. Cooley. Filmed on location outside Ainscough Flour Mill in Burscough, West Lancashire, Dr. Tribe shows how an architect breached his fiduciary duty and that a constructive trust was therefore used by Roskill, J (as he then was) to ensure that Cooley did not take a corporate opportunity, something that would have been a breach of his fiduciary duty to the company.
Twitter:
@elearninglpool
published: 25 Nov 2016
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Equity,Trusts and Fiduciary Relationship
In English & Hindi
published: 08 Sep 2020
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FIDUCIARY NATURE OF TRUSTEESHIP - EQUITY & TRUST LAW - GROUP 10
published: 20 Sep 2021
14:51
Fiduciary Duties | Equity & Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA A fiduciary ...
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA A fiduciary relationship implies a duty of trust: it is usually a one-way relationship: a trustee owes a beneficiary a fiduciary duty, but not vice versa. “A fiduciary must act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal. This is not intended to be an exhaustive list, but it is sufficient to indicate the nature of fiduciary obligations. They are the defining characteristics of the fiduciary”: Bristol and West Building Society v Mothew [1998] Ch 1 (Millett LJ).
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON SPECIFIC DUTIES ➡️
https://www.youtube.com/watch?v=CrxDMTWIjAs
If you liked this video you may like my website post on 'Trustees' Duties': https://digestiblenotes.com/law/trusts/trustees_duties.php
https://wn.com/Fiduciary_Duties_|_Equity_Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA A fiduciary relationship implies a duty of trust: it is usually a one-way relationship: a trustee owes a beneficiary a fiduciary duty, but not vice versa. “A fiduciary must act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal. This is not intended to be an exhaustive list, but it is sufficient to indicate the nature of fiduciary obligations. They are the defining characteristics of the fiduciary”: Bristol and West Building Society v Mothew [1998] Ch 1 (Millett LJ).
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON SPECIFIC DUTIES ➡️
https://www.youtube.com/watch?v=CrxDMTWIjAs
If you liked this video you may like my website post on 'Trustees' Duties': https://digestiblenotes.com/law/trusts/trustees_duties.php
- published: 24 Jun 2020
- views: 9262
8:21
What is a Fiduciary Duty? | Equity & Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA A fiduciary ...
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA A fiduciary duty is a duty to act in the best interests of another, if necessary in preference to one’s own interests: “The essence of a fiduciary relationship is that the fiduciary subordinates his own interests to his principal's” - Wollenberg v Casinos Austria International Holding GmbH [2011] EWHC 103 (Ch) [208] (Lewison J)
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON A FOURTH CERTAINTY ➡️
https://www.youtube.com/watch?v=K8bGHebi9Ao
If you liked this video you may like my website post on 'Trustees' Duties': https://digestiblenotes.com/law/trusts/trustees_duties.php
https://wn.com/What_Is_A_Fiduciary_Duty_|_Equity_Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA A fiduciary duty is a duty to act in the best interests of another, if necessary in preference to one’s own interests: “The essence of a fiduciary relationship is that the fiduciary subordinates his own interests to his principal's” - Wollenberg v Casinos Austria International Holding GmbH [2011] EWHC 103 (Ch) [208] (Lewison J)
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON A FOURTH CERTAINTY ➡️
https://www.youtube.com/watch?v=K8bGHebi9Ao
If you liked this video you may like my website post on 'Trustees' Duties': https://digestiblenotes.com/law/trusts/trustees_duties.php
- published: 21 Jun 2020
- views: 4071
14:38
Types of Fiduciary Relationships | Equity & Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA There are a ...
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA There are a number of well established fiduciary duties. The trustee-beneficiary relationship is the leading fiduciary relationship - it has been adopted, with modifications, to other relationship such as solicitor and client and director and company.
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON WHAT IS A FIDUCIARY DUTY ➡️
https://www.youtube.com/watch?v=zeJD8e23Ags
If you liked this video you may like my website post on 'Trustees' Duties': https://digestiblenotes.com/law/trusts/trustees_duties.php
https://wn.com/Types_Of_Fiduciary_Relationships_|_Equity_Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA There are a number of well established fiduciary duties. The trustee-beneficiary relationship is the leading fiduciary relationship - it has been adopted, with modifications, to other relationship such as solicitor and client and director and company.
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON WHAT IS A FIDUCIARY DUTY ➡️
https://www.youtube.com/watch?v=zeJD8e23Ags
If you liked this video you may like my website post on 'Trustees' Duties': https://digestiblenotes.com/law/trusts/trustees_duties.php
- published: 22 Jun 2020
- views: 5619
15:43
Fiduciary Duties (Part 2) | Equity & Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA Fiduciaries ...
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA Fiduciaries also have a duty to act in good faith, not act in conflict of any interests, and ensure they do not act on behalf of another in relation to the same issue.
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON FIDUCIARY DUTIES (PART 1) ➡️
https://www.youtube.com/watch?v=JZbYJZPuwQg&t=21s
If you liked this video you may like my website post on 'Trustees' Duties': https://digestiblenotes.com/law/trusts/trustees_duties.php
https://wn.com/Fiduciary_Duties_(Part_2)_|_Equity_Trusts
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA Fiduciaries also have a duty to act in good faith, not act in conflict of any interests, and ensure they do not act on behalf of another in relation to the same issue.
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON FIDUCIARY DUTIES (PART 1) ➡️
https://www.youtube.com/watch?v=JZbYJZPuwQg&t=21s
If you liked this video you may like my website post on 'Trustees' Duties': https://digestiblenotes.com/law/trusts/trustees_duties.php
- published: 26 Jun 2020
- views: 1791
1:51
Code and Standards: The Fiduciary Obligation
CFP Board's General Counsel Leo Rydzewski discusses the expanded fiduciary obligation at the core of the new Code and Standards.
CFP Board's General Counsel Leo Rydzewski discusses the expanded fiduciary obligation at the core of the new Code and Standards.
https://wn.com/Code_And_Standards_The_Fiduciary_Obligation
CFP Board's General Counsel Leo Rydzewski discusses the expanded fiduciary obligation at the core of the new Code and Standards.
- published: 04 Dec 2018
- views: 22767
18:47
What is Equity ? || What are maxims of equity? || Origin of Equity court ||
1. Start your preparation of Judicial Service at home with our membership plan. For more details drop a message on WhatsApp on this number : 8840961324 or Messa...
1. Start your preparation of Judicial Service at home with our membership plan. For more details drop a message on WhatsApp on this number : 8840961324 or Message Najeeb on WhatsApp. https://wa.me/message/KQFV6VUK5AIWB1
2. Follow me on:
Instagram: najeebkhan11
https://www.instagram.com/najeebkhan11/
3.Twitter:https://mobile.twitter.com/NajeebU83984530
4. Facebook:https://www.facebook.com/100005475122959/posts/1068604166665411?sfns=m
https://wn.com/What_Is_Equity_||_What_Are_Maxims_Of_Equity_||_Origin_Of_Equity_Court_||
1. Start your preparation of Judicial Service at home with our membership plan. For more details drop a message on WhatsApp on this number : 8840961324 or Message Najeeb on WhatsApp. https://wa.me/message/KQFV6VUK5AIWB1
2. Follow me on:
Instagram: najeebkhan11
https://www.instagram.com/najeebkhan11/
3.Twitter:https://mobile.twitter.com/NajeebU83984530
4. Facebook:https://www.facebook.com/100005475122959/posts/1068604166665411?sfns=m
- published: 31 May 2019
- views: 128942
14:00
Equity & Trusts - Powers and Duties of Trustees
Whereas a duty must be exercised by a trustee, a power is something that can be exercised by the trustee.
In any case the trustee is afforded discretion and so...
Whereas a duty must be exercised by a trustee, a power is something that can be exercised by the trustee.
In any case the trustee is afforded discretion and so according to Pitt v Holt [2013] they must simply act:
*in good faith
*responsibly
*reasonably
*based on the facts (e.g. type of trust)
*often on the advice of experts (e.g. accountants, lawyers etc.)
Trustees do not have to give reasons for their decisions (Re Beloved Wilkes’ Charity (1851)) and the court will only interfere when the trustee acts in bad faith (Klug v Klug [1918]).
This comes up when the trustee acts on bad advice where under the new case law of Pitt v Holt [2013] it actually makes it much harder for such mistakes to be rectified.
Duties of the trustee include:
*providing information (Re Londonderry’s Settlement [1965])
*exacting impartially between beneficiaries (Howe v Earl of Dartmouth (1802))
*exercising a duty of care as per the Trustee Act 200 in relation to actions such as investments, insurance, purchasing land, reversion, appointments etc.
Meanwhile the available powers include maintenance and advancement under ss. 31 and 32 of the Trustee Act 1925 respectively.
Other powers are the purchasing of land as well as a limited power of delegation.
An important point to note is that the trust instrument itself can exclude a great deal of liability relating to loss and damage (Armitage v Nurse [1998]) which is a major advantage for trustees. However liability cannot be excluded for fraud.
https://wn.com/Equity_Trusts_Powers_And_Duties_Of_Trustees
Whereas a duty must be exercised by a trustee, a power is something that can be exercised by the trustee.
In any case the trustee is afforded discretion and so according to Pitt v Holt [2013] they must simply act:
*in good faith
*responsibly
*reasonably
*based on the facts (e.g. type of trust)
*often on the advice of experts (e.g. accountants, lawyers etc.)
Trustees do not have to give reasons for their decisions (Re Beloved Wilkes’ Charity (1851)) and the court will only interfere when the trustee acts in bad faith (Klug v Klug [1918]).
This comes up when the trustee acts on bad advice where under the new case law of Pitt v Holt [2013] it actually makes it much harder for such mistakes to be rectified.
Duties of the trustee include:
*providing information (Re Londonderry’s Settlement [1965])
*exacting impartially between beneficiaries (Howe v Earl of Dartmouth (1802))
*exercising a duty of care as per the Trustee Act 200 in relation to actions such as investments, insurance, purchasing land, reversion, appointments etc.
Meanwhile the available powers include maintenance and advancement under ss. 31 and 32 of the Trustee Act 1925 respectively.
Other powers are the purchasing of land as well as a limited power of delegation.
An important point to note is that the trust instrument itself can exclude a great deal of liability relating to loss and damage (Armitage v Nurse [1998]) which is a major advantage for trustees. However liability cannot be excluded for fraud.
- published: 07 Apr 2019
- views: 29694
2:44
Equity Short: Constructive Trusts and breach of fiduciary duty - IDC v. Cooley
In this “Equity Short” Dr. Tribe considers a breach of fiduciary duty and the use of a constructive trust in IDC v. Cooley. Filmed on location outside Ainscough...
In this “Equity Short” Dr. Tribe considers a breach of fiduciary duty and the use of a constructive trust in IDC v. Cooley. Filmed on location outside Ainscough Flour Mill in Burscough, West Lancashire, Dr. Tribe shows how an architect breached his fiduciary duty and that a constructive trust was therefore used by Roskill, J (as he then was) to ensure that Cooley did not take a corporate opportunity, something that would have been a breach of his fiduciary duty to the company.
Twitter:
@elearninglpool
https://wn.com/Equity_Short_Constructive_Trusts_And_Breach_Of_Fiduciary_Duty_Idc_V._Cooley
In this “Equity Short” Dr. Tribe considers a breach of fiduciary duty and the use of a constructive trust in IDC v. Cooley. Filmed on location outside Ainscough Flour Mill in Burscough, West Lancashire, Dr. Tribe shows how an architect breached his fiduciary duty and that a constructive trust was therefore used by Roskill, J (as he then was) to ensure that Cooley did not take a corporate opportunity, something that would have been a breach of his fiduciary duty to the company.
Twitter:
@elearninglpool
- published: 25 Nov 2016
- views: 1416