ABSTRACT
In this book so far we have considered the means by which express private trusts, charitable public trusts and trusts implied by law are created and administered. In this part the emphasis changes to those situations in which trusts are breached, such that the beneficiaries may seek to bring claims either to recover the original
trust property or to recover its equivalent value in cash from the trustees and others. This chapter will focus first on the liability of those who are identified as express trustees, and subsequently on those who have constructive trusteeship imposed on them despite not having been express trustees.11 The reader is referred back to the general discussion of the duties of trustees in Part 3 above, which constitute a necessary prologue in many cases to the question of whether or not those duties have been breached.
