Question 1:
Section 25 of Judicature Act 1873, now replaced by Supreme Court Act 1981, s.49, provided that where there is the conflict between equity and Common law, the rules of equity must prevail. However, throughout the Tinsley v Milligan case (1994), the House of Lords took the opposite view.
Discuss why the House of Lords took the opposite view. Employ the case to demonstrate your points.
Question 2:
Describe what is meant by fiduciary duties under Mauritian Law. What are the other duties of the trustees?
Question 3:
Mr Settlor wants to create the trust and appoint Mr Careful as trustee. Before accepting the responsibilities of the trustee, Mr Careful who is a law-abiding citizen, wants to know about the law provides on breach of trust. You’ve been hired by the board of your company, where you work as an administrator of trust, to advise Mr Careful on this issue. Demonstrate by using decided cases.