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3 . The trustees of the substantial funds of the Bahamas Jumping up - and - down Christian Church are given by the trust instrument
The trustees of the substantial funds of the Bahamas Jumping upanddown Christian Church are given by the trust instrument a power to invest in any investments they see fit, subject only to their legal duty of prudent investment For years they have left half the funds in a building society account, earning a low rate of interest. The remainder has been invested in shares of two companies. The share price of one of the companies has recently dropped by in line with a general collapse in the stock market. The trust has a holding of in the second company. The company has recently gone into receivership following the failure of a speculative venture. The trustees had not known about the venture, and generally took no interest in the companys activities.
a Advise the trustees whether they have committed a breach of their duty of prudent investment; and
b Consider to what extent, if at all, the trustees are subject to a duty to ensure that trust funds are not invested in unchristian business activities
c What limitations are there on trustees powers to delegate his functions as trustee? In what circumstances will he be liable for the defaults of his appointed agents?
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