Carl Islam, ‘Electing between equitable remedies’

Carl Islam explains the operation of the principle of election, and concludes that in a breach of fiduciary duty claim, before an election between equitable remedies must be made by the claimant beneficiary, the judge should first consider the duties and powers of the defendant fiduciary. Because that exercise is inseparable from determination of breach, the author further submits that the exercise should be undertaken by the judge at the same time, ie at trial, before making a finding about breach.

Carl Islam, Electing between equitable remedies, Trusts and Trustees, Published: 16 December 2021.

First posted 2021-12-20 17:00:17

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