intermeddlers - shades of knowledge

Question 1

what was established in traditional accessories case of Barnes v Addy?

Answer 1

• 2 main strands of liability - receiving the trust property or assisting in the trustees or fids dishonest design (culture war with Aus as they distinguish between instigating a breach of trust and merely assisting, they believes their to be more advances)
  Also bring into idea of level of knowledge - bring question, how much knowledge? (degrees of knowledge)

Question 2

what was the case that create categories to decide if they had knowing assistance?

Answer 2

Baden- Delvaux

Question 3

Baden- Delvaux
what is actual knowledge?

(not current test used but judges frequently turn back to it as its useful)

Answer 3

i. Actual knowledge
ii. Wilfully shutting one’s eyes to the obvious
iii. Wilfully and recklessly failing to make such inquiries as an honest and reasonable man would make (there’s still degree of intent)

Question 4

Baden- Delvaux

what is constructive knowledge?

Answer 4

iv. Knowledge of circumstances which would indicate the facts to an honest and reasonable man (means you knew enough to indicate the facts of wrongdoing that ordinary person would be able to see from the facts)
v. Knowledge of circumstances which would put an honest and reasonable man on inquiry (even weaker standard of knowledge, suspicion that there is wrongdoing)