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The contrary view is that knowing receipt is, or ought to be, part of a broader doctrine of ignorance triggering a claim for unjust enrichment. On this view, anyone who receives property that was given away in breach of trust has a strict duty to repay the value, unless they have committed a wrong, or have changed their position after the receipt.
Baden v Société Générale pour Favoriser le Developpement du Commerce et de l'Industrie en France [1983] BCLC 325 is an English trusts law case, concerning breach of trust and knowing receipt of trust property.
Barnes v Addy was the starting point for the academic debate as to the proper grounds of accessory liability and claims for knowing receipt of trust property. Lord Nicholls revised the test for assistance liability in Royal Brunei Airlines v Tan (1995), whereby it is no longer necessary for the trustee to have acted dishonestly and instead the ...
It is a common belief that dishonest or knowing assistance originates from Lord Selbourne's judgment in Barnes v Addy: [1] [S]trangers are not to be made constructive trustees merely because they act as the agents of trustees in transactions, … unless those agents received and become chargeable with some part of the trust property, or unless they assist with knowledge in a dishonest and ...
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A receipt (also known as a packing list, packing slip, packaging slip, (delivery) docket, shipping list, delivery list, bill of the parcel, manifest, or customer receipt) is a document acknowledging that something has been received, [1] such as money or property in payment following a sale or other transfer of goods or provision of a service.
However, Agip Ltd could not succeed for receipt of the money at common law (which did not allow electronic rather than physical tracing) or in equity (because the money was not transferred for the accountants' benefit). Banks can be liable in knowing receipt only if they receive and apply trust money to reduce or discharge a customer's ...
BCCI, in fact, gave him $16.679m to do this, thus leaving $6.679m over. Akindele did not know this was part of a fraud scheme to enable BCCI Holdings to buy its own shares. The liquidator argued he was a constructive trustee, for both knowing receipt and knowing assistance.