Part IV Remedies, 8 Equitable Compensation for Breach of Trust

Subject(s):

Performance of contract — Remedies for breach of contract

This chapter deals with ‘equitable compensation’ for breach of trust — one of the central areas of judicial intervention in trust administration that is dependent upon, and responsive to, a breach of trust. The Court will not allow a trust to fail for maladministration, arguing that a trust cannot be reduced to a principle of ‘pay or perform’. The principles that justify and unify the supervisory jurisdiction over trust administration in facilitating the ongoing performance of trusts as their central focus permeate through the judicial function in fixing liability to compensate for breach of trust and the restoration of trust property, so that a trust can continue to be performed above and beyond breach of trust or maladministration.