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.