Law of Trusts - Coursework

Oliver, a solicitor, represents the interests of HealthyLife, a company that deals with the promotion and sale of natural products. Due to the economic downturn of recent years, the company’s financial future appeared to be at risk, and Oliver put forward proposals to enable the company to improve financially. He discussed the proposals with the management of HealthyLife, but nobody seemed to pay any attention to his suggestions.

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Acting on his own initiative, he decided to make some alterations to the company’s financial structure, which resulted in his having to buy shares in the company. Within a few months, his strategy and initiative paid off. HealthyLife’s financial prospects were completely reversed and the shares trebled in value. HealthyLife’s management was very happy with Oliver’s efforts and the positive outcome, but they were not pleased with the fact that Oliver had made a personal profit. They now want Oliver to be accountable for all the profits made from the transaction, but Oliver contends that this is unfair because he worked really hard to save the company. In any case, Oliver argues that he would only be prepared to return the original shares’ purchase value, but not the increase in their value.

Using relevant case law and academic commentary, critically discuss whether HealthyLife’s management have a case against Oliver, and the extent of the remedy, if any.

Word limit 2500 words



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