Liability Of Strangers To The Trust

Question 1

What four criteria must be met for accessory liability?

Answer 1

1. There was a trust in existence at the material time.
2. The trustee committed a breach of that trust.
3. D assisted the trustee to commit that breach.
4. D’s assistance was dishonest.

Question 2

What two criteria must be established for recipient liability?

Answer 2

1. D must take receipt for his own benefit and set up his own title to the goods.
2. Must have had requisite knowledge before receiving or whilst in receipt of the goods.