A New Tort of Inducing a Breach of Trust?


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.

Publication DOI: https://doi.org/10.1093/tandt/ttae006
Divisions: College of Business and Social Sciences > Aston Law School
Additional Information: 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
Publication ISSN: 1752-2110
Last Modified: 05 Mar 2024 17:32
Date Deposited: 24 Jan 2024 09:31
Full Text Link:
Related URLs: https://academi ... ttae006/7616001 (Publisher URL)
PURE Output Type: Article
Published Date: 2024-02-28
Published Online Date: 2024-02-28
Accepted Date: 2024-01-16
Authors: Pawlowski, Mark
Brown, James (ORCID Profile 0000-0003-4014-6824)



Version: Accepted Version

Access Restriction: Restricted to Repository staff only until 28 February 2026.

License: Creative Commons Attribution Non-commercial

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