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DUTIES OF INQUIRY IN THE ENGLISH LAW OF TRUSTS

DUTIES OF INQUIRY IN THE ENGLISH LAW OF TRUSTS INTRODUCTION The development of English trust law goes back as far as the early Middle Ages. It may seem reasonable to assume that as late as in the twentieth century not much further discussion regarding fundamental aspects of the trust can be possible. Nothing could be further from the truth, however. Since the end of the last century there have been con- siderable differences of opinion in England about the extent to which third parties who come into contact with a trust are under an obligation to make inquiries. Consequently, the degree of third-party protection in trust law and its precise operation has long been a factor that has given rise to uncertainty. This is particularly the case where the third parties are intermediaries. Only after a number of judgments given in the past few decades has the controversy surrounding the issue abated somewhat. Following a number of general observations on the nature and the development of English private law and trust law, I shall seek to describe the development mentioned above. This description will first deal in general with obligations to inquire in the law of trusts, and then more specifically with the position of intermediaries. 1. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Tilburg Law Review Brill

DUTIES OF INQUIRY IN THE ENGLISH LAW OF TRUSTS

Tilburg Law Review , Volume 3 (3): 219 – Jan 1, 1994

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Publisher
Brill
Copyright
Copyright 1994 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2211-0046
eISSN
2211-2596
DOI
10.1163/221125994X00032
Publisher site
See Article on Publisher Site

Abstract

INTRODUCTION The development of English trust law goes back as far as the early Middle Ages. It may seem reasonable to assume that as late as in the twentieth century not much further discussion regarding fundamental aspects of the trust can be possible. Nothing could be further from the truth, however. Since the end of the last century there have been con- siderable differences of opinion in England about the extent to which third parties who come into contact with a trust are under an obligation to make inquiries. Consequently, the degree of third-party protection in trust law and its precise operation has long been a factor that has given rise to uncertainty. This is particularly the case where the third parties are intermediaries. Only after a number of judgments given in the past few decades has the controversy surrounding the issue abated somewhat. Following a number of general observations on the nature and the development of English private law and trust law, I shall seek to describe the development mentioned above. This description will first deal in general with obligations to inquire in the law of trusts, and then more specifically with the position of intermediaries. 1.

Journal

Tilburg Law ReviewBrill

Published: Jan 1, 1994

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