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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.
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Charles Mitchell proposes that if we adopt Peter Birk's view regarding knowing receipt (that knowing receipt can be based on unjust enrichment as well as fault), there is a strong case for treating liability for dishonest assistance and fault-based knowing receipt as aspects of a single equitable wrong of interfering with another's equitable ...
Breach of trust, accessory liability, knowing receipt, knowing assistance Barnes v Addy (1874) LR 9 Ch App 244 [ 1 ] was a decision of the Court of Appeal in Chancery . It established that, in English trusts law , third parties could be liable for a breach of trust in two circumstances, referred to as the two 'limbs' of Barnes v Addy : knowing ...
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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.
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 ...