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Report No. 17

81. Section 67.- Section 67 needs no change.

82. Section 68.-

The words "or does not within a reasonable time take proper steps to protect the interests of the other beneficiaries" in clause (c) may be omitted, as it would be wholly unreasonable to throw a burden on the beneficiary to protect the interests of the other beneficiaries, merely because he has knowledge of the breach of trust, on pain of his becoming liable for the loss which the other beneficiaries and himself may suffer.

We have tried to find out the basis for this rule in English law, and we found that this section was based on Raby v. Ridehalgh, 7 De GM & G 104 (105, 109), as could be seen from the marginal note in the original Bill as modified by the Commission. On an examination of the case we find that the case itself does not go to that length, and there is no authority either in England or in America to support that view. We think it is an unjustified burden thrown upon the beneficiary. The last paragraph of section 68 may be omitted.1

1. See para. 64, supra.

83. Section 69.- No change.

Trusts Act, 1882 Back

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