The liability of trustees for gross negligence
McCormack, G,
The liability of trustees for gross negligence - 1998 - The Conveyancer (62) March/April 1998, 100-114(8) .
Questions whether clauses in a trust deed purporting to exempt trustees from liability for gross negligence are valid. Reviews the terminology, the case law, the analogy with exclusion clauses in contracts, the core trustee functions and concludes that exemption clauses should be subject to a strict construction by the courts.
EXEMPTION CLAUSES
LIABILITY
NEGLIGENCE
TRUST DEEDS
TRUSTEES
The liability of trustees for gross negligence - 1998 - The Conveyancer (62) March/April 1998, 100-114(8) .
Questions whether clauses in a trust deed purporting to exempt trustees from liability for gross negligence are valid. Reviews the terminology, the case law, the analogy with exclusion clauses in contracts, the core trustee functions and concludes that exemption clauses should be subject to a strict construction by the courts.
EXEMPTION CLAUSES
LIABILITY
NEGLIGENCE
TRUST DEEDS
TRUSTEES