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    . Critically evaluate and analyse the liability which may be incurred by third party ‘strangers’ to a trust where a breach of trust has occurred. Your evaluation and analysis must extend to both:
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    (Original post by lousmithy)
    . Critically evaluate and analyse the liability which may be incurred by third party ‘strangers’ to a trust where a breach of trust has occurred. Your evaluation and analysis must extend to both:
    Part of the question seems to be missing but it seems to me that there are four possible liabilities:

    i) X, a third party, could be liable if he has "dishonestly" "assisted" in the breach of trust, whether or not he has received trust property.

    ii) X could be liable if he has "knowingly" received trust property.

    iii) X will be subject to a proprietary claim even if he is entirely innocent if he still retains trust property or its traceable proceeds

    iv) Controversially, some have argued that X is liable even if he is entirely innocent, if he received trust property, no longer retains it or its traceable proceeds, but yet remains enriched by the receipt.
 
 
 
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