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The liability of trustees for gross negligence

By: Language: English Series: The Conveyancer ; (62) March/April 1998, 100-114(8)Publication details: 1998Subject(s): Summary: 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.

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.