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A breach of any duty imposed on a trustee is
termed as breach of trust. Where the trustee commits a breach of trust, he is
liable to make good the loss, which the trust property or the beneficiary has
thereby sustained.
However, the trustee is not liable if the beneficiary
has by fraud induced the trustee to commit the breach or the beneficiary being
competent to do so, has himself, without coercion or undue influence, concurred
in the breach, or subsequently acquiesced therein with full knowledge of facts
of the case and of his rights as against the trustee.
Again, a
trustee is not liable for the breach of trust committed by hispredecessor or his
co-trustee if he has himself exercised due care anddiligence requisite of a man
of ordinary prudence and has not facilitatedor connived the breach of trust.
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