2010 Fiscal Year Final Research Report

Liability of third parties who are involved in a breach of trust

Research Project

Project/Area Number	20530082
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	Kwansei Gakuin University
Principal Investigator	KIMURA Hitoshi Kwansei Gakuin University, 法学部, 教授 (40298980)
Project Period (FY)	2008 – 2010
Keywords	信託法 / 不当利得
Research Abstract	This research examines the element and the scope of the liability of third parties who are involved in a breach of trust. In England, a person who dishonestly assists in a breach of trust is personally liable to compensate the beneficiaries to the same extent as the trustee whose breach he assists, or to disgorge the profits of his wrongdoing to them. A recipient of misdirected trust property or its traceable proceeds who knows that it was transferred in breach of trust should hold the property for the benefit of the trust. If, however, he acts otherwise, then he will be personally liable to restore the value of the property to the extent that the beneficiary cannot make a proprietary claim for any property or proceeds he retains. Some legal scholars in England and some cases in Canada have argued that knowing recipients should owe a strict liability in unjust enrichment for the value of the property received while others suggest that knowing receipt should not be collapsed into a liability in unjust enrichment.

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