单词 | Trustee de son tort |
释义 | 擅自處理他人信託的人 OF - trustee by one’s own wrong. A person who is not a trustee and has no authority from a trustee, but whom the law saddles with trustee obligation because he or she voluntarily meddles with trust property or does acts characteristic of the office of trustee: Mara v Browne [1896] 1 Ch 199 (CA). The terminology is adopted by analogy with ‘executor de son tort’ in the law regarding the administration of estates. A trustee de son tort is a type of constructive trustee: Carl Zeiss Stiftung v Herbert Smith & Co (No 2) [1969] 2 Ch 276, 2 All ER 367 (CA). In their relations with the beneficiaries they are treated in every respect as if they have been duly appointed and are fully subject to fiduciary obligations. Liability for a breach of trust extends to a trustee de son tort: Wassell v Leggatt [1896] 1 Ch 554. See also Constructive trustee; De son tort; Trustee. |
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