This question should be answered using two IRAC structures. Please include all relevant keywords in your answer.
Mike, a trustee, enters into a contract with a real estate company on behalf of the trust. The contract is within the scope of his duties. One of the beneficiaries causes a violation of the contract, and Mike is held personally liable. He incurs a large amount of legal fees defending himself in court. Now, Mike is arguing that he should not have been personally liable and that he is entitled to indemnification from the trust.
Based on the given information, are Mike’s arguments likely to succeed in court?
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Hint
To answer this question, you should think about and discuss first whether Mike was personally liable for the contract and second, whether he is entitled to indemnification from the trust.
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Personal Liability
Indemnification
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