Liability of third parties who are involved in a breach of trust

这项研究探讨了涉及违反信托的第三方的责任的构成要件和范围。在英国，不诚实地协助违反信托的人，个人有责任向受益人赔偿，赔偿的程度与他所协助的受托人相同，或者将其不当行为的利润交还给他们。错误定向的信托财产或其可追溯性收益的接受者，如果知道它是在违反信托的情况下转移的，则应持有该财产，以使信托受益。然而，如果他不这样做，那么他个人有责任恢复财产的价值，范围是受益人不能对他保留的任何财产或收益提出所有权要求。英国的一些法律学者和加拿大的一些案例认为，知情收受人应对所获财产的价值承担严格的不当得利责任，而另一些人则认为，知情收受不应崩溃为不当得利的责任。

This research examines the element and the scope of the liability of third parties who are involved in a breach of trust.In England, a person who dishonestly assists in a breach of trust is personally liable to compensate the beneficiaries to the same extent as the trustee whose breach he assists, or to disgorge the profits of his wrongdoing to them.A recipient of misdirected trust property or its traceable proceeds who knows that it was transferred in breach of trust should hold the property for the benefit of the trust. If, however, he acts otherwise, then he will be personally liable to restore the value of the property to the extent that the beneficiary cannot make a proprietary claim for any property or proceeds he retains. Some legal scholars in England and some cases in Canada have argued that knowing recipients should owe a strict liability in unjust enrichment for the value of the property received while others suggest that knowing receipt should not be collapsed into a liability in unjust enrichment.