 | Frederick Pollock - 1921 - 774 lehte
...the case that the director . . .is or ma/ be liable in respect of the negligence or breach of trust, but has acted honestly and reasonably, and ought fairly to be excused for the negligence or breach of trust, that Court may relieve him, either wholly or partly, from his liability... | |
 | Great Britain. Parliament. House of Commons - 1895 - 564 lehte
...and for omitting to obtain the directions of the court in the matter in which he committed such 40 breach, then the court may relieve the trustee either...wholly or partly from personal liability for the same. 25 30 a (2.) The court may authorise a departure from the terms of a AD 1895. trust, where satisfied... | |
 | Great Britain. Parliament. House of Commons - 1896 - 600 lehte
...breach'ofg appointed under this Act or not, is or may be personally liable for trust. any breach of trust, but has acted honestly and reasonably, and ought fairly...excused for the breach of trust and for omitting to 20 obtain the directions of the court in the matter in which he committed such breach, then the court... | |
 | Leopold George Gordon Robbins - 1897 - 1006 lehte
...whether the transaction alleged to be a breach of trust occurred before or after the passing of this Act, but has acted honestly and reasonably, and ought fairly...wholly or partly, from personal liability for the same. " (2) This section shall come into operation at the passing of this Act." 373, at p. 377-. See Fyler... | |
 | Leopold George Gordon Robbins - 1898 - 184 lehte
...transaction alleged to be a breach of trust occurred ms ' before or after the passing of this Act, but has acted honestly and reasonably, and ought fairly...wholly or partly, from personal liability for the same. No general rules or principles can be laid down to be acted on in carrying out the provisions of this... | |
 | Henry John Hood, Henry William Challis - 1898 - 620 lehte
...whether the transaction alleged to be a breach of trust occurred before or after the passing of this Act, but has acted honestly and reasonably, and ought fairly...wholly or partly from personal liability for the same. (2.) This section shall come into operation at the passing of this Act. For remarks as to the practice,... | |
 | Great Britain, Arthur Reginald Rudall, James William Greig - 1898 - 420 lehte
...626). Even if the breach of trust is not barred by lapse of time under this Section, yet if the trustee has acted " honestly and reasonably, and ought fairly...in the matter in which he committed such breach." the Court may now, under Section 3 of The Judicial Trustees Act, 1896 (59 & 60 Viet. c. 35), relieve... | |
 | Frederick Pollock - 1898 - 452 lehte
...be excused.' Has the fourth condition any peculiar significance ? The drafting is remarkable : — ' ought fairly to be excused for the breach of trust...for omitting to obtain the directions of the Court.' It has been suggested that the words show that the section is only meant to apply where the act constituting... | |
 | Great Britain, Arthur Reginald Rudall, James William Greig - 1898 - 416 lehte
...breach of trust) : — (i.) That the liability is barred by the Statute of Limitations. (ii.) That he has acted honestly and reasonably, and ought fairly to be excused for the breach. It will be noticed that the defence is available by any trustee, whether appointed under this Act or... | |
 | Charles Davidson, Madgwick George Davidson, Samuel Wadsworth - 1899 - 1010 lehte
...which the Court is empowered to reliere from personal liability for breaches of trust, where a trustee "has acted honestly and reasonably, and ought fairly...in the matter in which he committed such breach.'' The latter section has been considered in Re Any, [1897] 2 Ch. 518 ; He Ht«art,ib. 583: Prrriv v.... | |
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Act, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court in the matter in which he committed such breach, then the court may relieve him either wholly or... 
