This question should be answered using three IRAC structures. Please include all relevant key words in your answer.
Jack and Jill are the beneficiaries of a trust. Sam and Sally are the co-trustees of the trust. Sally
decides to sell a house owned by the trust to her mother at a discount, because her mother
recently lost her home in a fire. Sam and Jack, close friends of Sally, consent to the sale. Jill
learns of the sale on the day Sally’s mother moves in. Now, two years later, Jill is attempting to
bring a claim against Sam and Sally for the breach of trust. The statute of limitations for
asserting a claim is three years. Sam argues that he is not liable for Sally’s breach and that Jack
consented to the breach.
Assuming Sally committed a breach of trust, is Jill’s claim likely to succeed in court?
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Hint
To answer this question, you should think about and discuss whether Sam may be liable for Sally’s breach of trust, whether Jill may assert a claim even if Jack consented to the breach, and finally, whether Jill timely asserted her claim.
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Sam's Liability
Jill's Claim
Jill's Timing
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