Speight v Gaunt

A trustee must act as an ordinary prudent man of business would act in managing his own affairs, and may employ an agent where that is the ordinary course of business.

Citation
(1883) 9 App Cas 1
Court
House of Lords
Year
1883
Subject
Equity and Trusts
Topic
Trustees: duties, powers and variation of trusts

Facts

Mr Gaunt, a trustee, employed a stockbroker, Mr Cooke, to buy investments for the trust, following the usual practice. He paid the money to the stockbroker, who claimed that he had bought the investments, but in fact misappropriated the money and became bankrupt. The beneficiaries sued Mr Gaunt for the loss.

Legal principle

The House of Lords held that Mr Gaunt was not liable. Lord Blackburn said that a trustee ought to conduct the business of the trust in the same manner that an ordinary prudent man of business would conduct his own, and that, beyond that, there is no liability or obligation on the trustee. Since a prudent man of business would have employed a stockbroker and paid him in the ordinary way, Mr Gaunt had not been negligent. The rules on delegation by trustees are now in the Trustee Act 2000.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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