''Morley v Morley'' (1678) 22 ER 817 is an
English trusts law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across ...
case, concerning the
duty of care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be establ ...
owed by a
trustee
Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility to ...
.
Facts
A
trust fund
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settl ...
was the victim of a robbery, and £40 of gold was taken.
Judgment
Lord Nottingham LC
Heneage Finch, 1st Earl of Nottingham, PC (23 December 162018 December 1682), Lord Chancellor of England, was descended from the old family of Finch, many of whose members had attained high legal eminence, and was the eldest son of Sir Heneage ...
held that a trustee could not be liable if £40 of the trust fund's gold was robbed, so long as he otherwise performed his duties.
See also
*
English trust law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across ...
References
English trusts case law
1678 in law
1678 in England
Court of Chancery cases
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