A New Tort of Inducing a Breach of Trust?

Mark Pawlowski; James Brown

doi:10.1093/tandt/ttae006

A New Tort of Inducing a Breach of Trust?

Mark Pawlowski, James Brown

Aston Law School

Research output: Contribution to specialist publication or newspaper › Article

Abstract

Article considers whether a new tort of inducing a breach of trust would be a welcome development in English law. Such a new tort would inevitably have similar characteristics to the existing tort of inducing a breach of contract namely, that the defendant (1) acted with the requisite knowledge of the existence of a trust and (2) deliberately intended to interfere with the duties of the trustee. Knowledge levels of the wrongdoer to establish liability are discussed and the required level of threat and persuasion as a basis for liability are considered. The remedies of damages and injunctions which could flow from the introduction of any such new tort are also considered.

Original language	English
Specialist publication	Trusts and Trustees
DOIs	https://doi.org/10.1093/tandt/ttae006
Publication status	E-pub ahead of print - 28 Feb 2024

Bibliographical note

Copyright © The Author(s) (2024). Published by Oxford University Press. This is a pre-copyedited, author-produced version of an article accepted for publication in Trusts and Trustees following peer review. The version of record, 'Pawlowski, M. & Brown, J. (2024) "A New Tort of Inducing a Breach of Trust?", Trusts and Trustees, is available online at: https://doi.org/10.1093/tandt/ttae006

Access to Document

10.1093/tandt/ttae006

Cite this

@misc{525d27c11f2243e38fb3ed27582d0a8f,

title = "A New Tort of Inducing a Breach of Trust?",

abstract = "Article considers whether a new tort of inducing a breach of trust would be a welcome development in English law. Such a new tort would inevitably have similar characteristics to the existing tort of inducing a breach of contract namely, that the defendant (1) acted with the requisite knowledge of the existence of a trust and (2) deliberately intended to interfere with the duties of the trustee. Knowledge levels of the wrongdoer to establish liability are discussed and the required level of threat and persuasion as a basis for liability are considered. The remedies of damages and injunctions which could flow from the introduction of any such new tort are also considered.",

author = "Mark Pawlowski and James Brown",

note = "Copyright {\textcopyright} The Author(s) (2024). Published by Oxford University Press. This is a pre-copyedited, author-produced version of an article accepted for publication in Trusts and Trustees following peer review. The version of record, 'Pawlowski, M. & Brown, J. (2024) {"}A New Tort of Inducing a Breach of Trust?{"}, Trusts and Trustees, is available online at: https://doi.org/10.1093/tandt/ttae006",

year = "2024",

month = feb,

day = "28",

doi = "10.1093/tandt/ttae006",

language = "English",

journal = "Trusts and Trustees",