A New Tort of Inducing a Breach of Trust?

James Brown, Mark Pawlowski

Research output: Contribution to specialist publication or newspaperArticle

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 languageEnglish
Specialist publicationTrusts and Trustees
Publication statusAccepted/In press - 16 Jan 2024

Bibliographical note

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: [DOI of the article here once published].

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