| Commentary

65 Liability

| Commentary

4: PERSONAL LIABILITY

65 Liability

The liability of the trustees of a charity both towards their trust and towards outside parties1 is generally the same as that of trustees of private trusts2, except that actions for breach of trust are brought by the Attorney General representing the Crown as parens patriae (or by the Charity Commission3 or the other trustees) rather than by individual beneficiaries. Professional trustees are generally under a stricter duty than volunteers4 although it is always possible that the governing instrument will moderate the trustees’ liability to the trust5. Liability

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