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    In my tutorial questions, I have a question that asks me to set out the law and raise any issues of fact upon which clarification is to be sought.

    I'm assuming it means what Laws govern trustees but I don't get the clarification bit?


    Also have an essay question to do:
    “It is an inflexible rule of a court of equity that a person in a fiduciary position .... is not, unless expressly provided, entitled to take a profit: he is not allowed to put himself in a position where his interest and duty conflict”

    per Lord Herschell in Bray v Ford [1896] AC 44

    Any help/advice would be appreciated
    Thanks TSR
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    (Original post by andygcfc)
    In my tutorial questions, I have a question that asks me to set out the law and raise any issues of fact upon which clarification is to be sought.

    I'm assuming it means what Laws govern trustees but I don't get the clarification bit?


    Also have an essay question to do:
    “It is an inflexible rule of a court of equity that a person in a fiduciary position .... is not, unless expressly provided, entitled to take a profit: he is not allowed to put himself in a position where his interest and duty conflict”

    per Lord Herschell in Bray v Ford [1896] AC 44

    Any help/advice would be appreciated
    Thanks TSR
    The question wants to you talk about the rule against profits and the rule against conflict - these are the two main features of fiduciary duty. Talk about the cases where the fiduciary has made a profit and has had to account for its entirety and whether it's fair.
 
 
 
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