Royal Brunei Airlines Sdn Bhd vs. Tan: A Major Lawsuit in the English Trusts Law
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Royal Brunei Airlines Sdn Bhd v. Tan (1995): One of the major lawsuits in English trusts law is the Royal Brunei Airlines Sdn Bhd v. Tan (1995) 2 AC 378 case that involves liability for dishonesty and breach of trust. The fundamental issue in the case was the proper role of equity in commercial transactions, which is a key topical question and concern. This is major issue because plaintiffs are increasingly having remedies to equity for an effective option when the individual in default, usually a company, is insolvent. In most cases, plaintiffs seek to obtain release from others engaged in the transaction like bankers, company's directors, and legal advisors. Through such attempts, plaintiffs seek to close up fiduciary obligations to the officers or advisors of the firm or have them held responsible for the firm's breach of trust. With regards to this case on breach of trust and dishonesty, there are various issues to examine such as nature of the case and the main legal issue, case facts, the decision, and an analysis of the decision.
Royal Brunei Airlines Sdn Bhd v. Tan (1995) was a case whose central legal issue that arose and had to be decided was breach of trust and liability for dishonesty. Generally, there is confusion surrounding the just liability of a third party to a fiduciary relationship or trust with regards to breach of the fiduciary duty or trust without necessary obtaining trust property. This confusion has been worsened by the lack of consensus in