If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to [...].
Answer
have a charge over the property and sue the defendant for the balance
Tags
#equity #law #tracing
Question
If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to [...].
Answer
?
Tags
#equity #law #tracing
Question
If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to [...].
Answer
have a charge over the property and sue the defendant for the balance
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Open it perty or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to <span>have a charge over the property and sue the defendant for the balance.<span><body><html>
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