Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law Second Year > Property Law - Knowing Receipt and Dishonest Assistance > Flashcards

Property Law - Knowing Receipt and Dishonest Assistance Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What two cases suggest UE can run concurrently with KR claim?

A

Dubai Aluminium v Salaam; Re Esteem Settlement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Why would a UE claim be preferable for C if allowed concurrently with KR?

A

No need to prove fault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What case applied unconscionability and thus affirmed BCCI v Akindele?

A

Charter v City Index

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Belmont Finance v Williams Furniture (No.2)

A

All on Baden scale counts, and dishonest not necessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the two core duties of KR?

A

Core restorative duty immediately, or liable to account if dealt with property inconsistently

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Farah v Say-Dee is from what jurisdiction and court?

A

High Court of Australia

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

In what case did Lord Hoffmann clarify Twinsectra?

A

Barlow Clowes v Eurotrust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the three types of constructive trustees?

A

Trustees de son tort, knowing recipients and dishonest assistants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What case stated D may have to account for both new property exchanged for misdirected property and any profits generated therefrom under KR

A

Grimaldi v Chalemeon Mining

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who explores the two remedial duties of KR?

A

Mitchell and Watterson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

C had concurrent claims in UE and KR

A

Relfo Ltd v Varsani

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Twinsectra v Yardley judgment

A

HoL, Lord Hutton accepted objective limb from Brunei but for subjective stated D needs to realise he is not acting as honest person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

McCullough v Marsden general

A

Subrogation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What two cases suggested SC need to approve for UE to run concurrently with KR?

A

BCCI v Akindele; Farah v Say-Dee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Re Montagu’s Settlement general

A

Duke of Manchester, life interest but T gave him all and sold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Dubai Aluminium v Salaam

A

UK suggested UE can run concurrently with KR in obiter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Grimaldi v Chalemeon Mining

A

D may have to account for both new property exchanged for misdirected property and any profits generated therefrom

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Who found Barnes v Addy and Baden, Delvaux led to ‘tortuous convulsions’ for DA?

A

Lord Nicholls in Royal Brunei v Tan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Ultraframe v Fielding on mental element of DA

A

D needs to have known T was not ‘entitled to do what he is doing’ for mental element of DA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What case states that as long as D took reasonable steps to preserve property, but lost/stolen/damaged before returned, no restorative duty for KR?

A

Evans v European Bank Ltd

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Novoship (UK) v Nikitin suggests what

A

Suggests DAs liability can sometimes be primary as well

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

No change of position defence if D still in possession of asset purchased by benefit, to the extent that she is enriched by possession

A

Lipkin Gorman v Karpnale

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are the last two stages of knowledge in Baden, Delvaux v Societe Generale known as?

A

Constructive knowledge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

B only has to show assistance made breach easier for DA causation

A

Grupo Torras v Al-Sabah (No.5)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Niru Battery Manufacturing v Milestone Trading GENERAL

A

‘Short of outright dishonesty’, ‘mere negligence’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What case showed KR is liable as if he were a real T?

A

Arthur v AG of the Turks and Caicos Islands

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What case showed move to subjective test after Royal Brunei?

A

Twinsectra v Yardley

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Barnes v Addy on state of mind of DA

A

Requires dishonesty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What kind of liability is under DA?

A

Fault-based liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What case gives three things for KR liability?

A

El-Ajou v Dollar Land Holdings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Who finds the label ‘constructive trustee’ to be an empty relief formula?

A

Birks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Tuthill v Equine

A

If T has no duty to account to C for dealings, no liability can arise as about exceeding authority, not avoiding conflicts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Why did court not allow DA to be jointly liable for Ts profits in Ultraframe?

A

Would be punitive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What CT has two core duties - to restore immediately, or liable to account if property dealt with inconsistency and therefore cannot be restored?

A

KR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Property lost/stolen/damaged

A

Evans v European Bank Ltd

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Catching money laundering activities by holding breach not fully implemented until funds hidden from B

A

Heinl v Jysk Bank

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Name at least two cases on breach of fiduciary duty by T for KR test

A

Tuthill v Equine; Re Exchange Banking Xo; Bracken Partners v Gutteridge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What did the issues with Barnes and Baden lead to?

A

Objective test in Royal Brunei v Tan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What case stated dishonesty is not necessary for KR?

A

Belmont Finance v Williams Furniture (No.2)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Abou-Rahman v Abacha judgment

A

CoA applied objective test, playing along with Barlow Clowes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

D’s assistance can play what kind of role for DA?

A

Either subsidiary or primary part of breach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What was insufficient in BCCI v Akindele for knowledge?

A

High interest rate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

When is there no difficulty in remedy of DA?

A

Substitutitive performance and reparation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

What was the test set down in BCCI v Akindele?

A

Does D’s knowledge make it unconscionable to retain the benefit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

What case gives that if KR knows T will misapply property again if returned, no discharge of core restorative duty?

A

Blyth v Fladgate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

What are the first three stages of knowledge in Baden, Delvaux v Societe Generale known as?

A

Actual knowledge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Relfo Ltd v Varsani general

A

Singapore bank money credit, debited from UK bank

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

How does the liability of KR differ from DA?

A

KR is liable IN HIS OWN RIGHT, as opposed to secondary liability for DA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

What two academics argue UE MAY run concurrently with KR claim?

A

Birks and Lord Nicholls

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

What case shows that if T has no duty to account to C for dealings, no liability for KR can arise as about exceeding authority, not avoiding conflicts

A

Tuthill v Equine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Company directors owe duty to account to C for dealings under KR breach of fiduciary duty

A

Re Exchange Banking Co

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

What two tests did Lord Nicholls reject in Royal Brunei v Tan?

A

Criterion of knowledge and unconscionability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

What case shows that liability for KR to account cannot be collapsed into law of wrongs/UE?

A

Green v Weatherill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Target Holdings v Redferns on remedy for KR

A

If liable for substitutive performance, clock does not stop - liable for value of property at judgment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

BCCI v Akindele general

A

Nigerian, lends £10 million, £6.7 million profit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Why were DAs profits not liable to be accounted for in Novoship?

A

Not relevantly caused by wrongdoing - profit due to unexpected change in market

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Why does causation in DA show break from usual philosophy of autonomy?

A

D can be liable for loss from primary wrong even without direct causal link

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

Ministry of Health v Simpson general

A

Strict liability of improperly distributed funds of deceased’s estate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

Name at least one case on change of position defence

A

Lipkin Gorman v Karpnale; Niru Battery Manufacturing v Milestone Trading

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

DA cannot claim honesty by sheltering behind disreputable transaction

A

Agip (Africa) v Jackson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

What are the five stages of knowledge in Baden, Delvaux v Societe Generale?

A

Actual, Nelsonian, naughty, reasonable man would have known and reasonable man would have been put on inquiry

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

Evans v European Bank Ltd judgment

A

if property is lost/stolen/damaged through no fault of D before it can be returned, and took reasonable steps to preserve, duty is discharged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

What does CT mean for dishonest assistants?

A

Treating D through legal fiction as though they were T, fixing with same liability as T and derivative

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

Duke of Manchester, life interest but T gave him all and sold

A

Re Montagu’s Settlement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

Strict liability of improperly distributed funds of deceased’s estate

A

Ministry of Health v Simpson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

Name the case suggesting DA can be principally liable for own profits

A

Novoship (UK) v Nikitin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

Lipkin Gorman v Karpnale judgment

A

No change of position defence if D still in possession of asset purchased by benefit, to the extent that she is enriched by possession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

What CT do courts treat through legal fiction as though they were T, fixing with same liability as T and derivative

A

DA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

What type of liability is in DA?

A

Civil secondary liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

When is a B likely to claim for DA or KR?

A

T is bankrupt and proprietary tracing claim has failed bc no property left

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
71
Q

What case shows Bs cannot seek proprietary remedy (as opposed to personal) against D to reconvey legal title if he no longer HAS legal title?

A

Ultraframe v Fielding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

Nigerian, lends £10 million, £6.7 million profit

A

BCCI v Akindele

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

Royal Brunei v Tan general

A

Tickets for airline companies sold by agents, holding money in trust for company, personal account

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

H&M on Barnes and Baden, Delvaux v Societe Generale

A

Sorry state of cases - general consensus required dishonesty but no overruling of pre-Baden cases not requiring dishonesty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
75
Q

What case showed a move from Baden in DA?

A

Royal Brunei v Tan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

Daughter father trust sister

A

Green v Weatherill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

Charter v City Index

A

CoA applied unconscionability and affirmed BCCI v Akindele

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
78
Q

What judge turned to unconscionability to test knowledge of 3rd of breach for KR and in what case?

A

Laws LJ in BCCI v Akindele

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
79
Q

Lipkin Gorman v Karpnale general

A

Asset purchased and enrichment therefrom

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
80
Q

Twinsectra v Yardley general

A

Loan solicitor, purchase, no charge over home

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
81
Q

What case gave three things to incur KR liability?

A

El-Ajou v Dollar Land Holdings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
82
Q

Morlea Professional Services v Richard Walter judgment

A

Bs can disavow Ts actions to accept Ds giving of property in lieu of original property, meaning D remains liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
83
Q

Barnes v Addy

A

Not liable if D received property ministerially

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
84
Q

El-Ajou v Dollar Land Holdings general

A

Three things for KR

85
Q

Name at least two cases showing DA is not liable for profits T makes?

A

Ultraframe; Michael Wilson v Nicholls; Grimaldi v Chameleon Mining

86
Q

Re Montagu’s Settlement judgment

A

Constructive knowledge from Baden is insufficient

87
Q

What is the liability for KR to account made up of?

A

Restore property in specie, show disposal was authorised OR falsification and substitutive performance

88
Q

Evans v European Bank Ltd general

A

Property lost/stolen/damaged

89
Q

Who dissented in Twinsectra v Yardley, saying subjective test for metal element only appropriate in criminal?

A

Lord Millett

90
Q

What did Royal Brunei v Tan say of Baden?

A

Over-theorised and too obscure to be used for DA

91
Q

Spam competition email, Nigerin bank fraud, London bank manager

A

Abou-Rahman v Abacha

92
Q

When does the core restorative duty of a KR not require them to restore misapplied property to Ts?

A

When there is a bare trust - only need to restore directly to Bs who are absolutely entitled

93
Q

What kind of defence was not allowed in Royal Brunei?

A

Robin Hood defence

94
Q

What two limbs were given in Royal Brunei for test of dishonest state of DAs mind?

A

(1) objective limb - acting as honest person, and (2) subjective limb - take into account Ds attributes (e.g. intelligence)

95
Q

Change of position defence excludes those acting just ‘short of outright dishonesty’, but includes ‘mere negligence’

A

Niru Battery Manufacturing v Milestone Trading

96
Q

Name at least two cases on core restorative duty of KR

A

Evans v European Bank Ltd; Morlea Professional Services v Richard Walter; Blyth v Fladgate

97
Q

Re Esteem Settlement

A

Royal Court of Jersey allow UE to run concurrently with KR

98
Q

In what case did Peter Gibson J give five stages of knowledge for DA?

A

Baden, Delvaux v Societe Generale

99
Q

What is the remedy for DA?

A

Reflect T liability OR primary liability to disgorge profits

100
Q

BCCI v Akindele on UE

A

Nourse LJ - SC need to approve concurrent liability of UE and KR

101
Q

What judge in BCCI v Akindele found Baden unhelpful?

A

Laws LJ

102
Q

El-Ajou v Dollar Land Holdings judgment

A

Breach of fiduciary duty, legal title received by 3rd and knowledge by 3rd of breach

103
Q

What are the four elements to a claim for DA?

A

Breach of fiduciary duty by T, assisted by D, who acts with a dishonest state of mind and with a causal link between assistance and B’s loss

104
Q

What kind of liability is under KR?

A

Fault-based liability?

105
Q

Criterion Properties v Stratford UK judgment

A

Directors acting for improper purpose when causing A to transfer to B gives A personal claim against B under UE

106
Q

Green v Weatherill judgment

A

Sister order to pay money without allegation of BoD as CT - shows duty cannot be collapsed into law of wrongs/UE

107
Q

Bracken Partners v Gutteridge

A

KRs owe stewardship duty , so liability can arise for D receiving improper funds from a KR

108
Q

Baden, Delvaux v Societe Generale general

A

Five stages of knowledge

109
Q

Singapore bank money credit, debited from UK bank

A

Relfo Ltd v Varsani

110
Q

BCCI v Akindele judgment

A

Laws LJ turns from Baden as unhelpful, finding ‘conscience’ in authorities - turns to unconscionability with test ‘Does D’s knowledge make it unconscionable to retain the benefit?’

111
Q

Conaglen and Goymour

A

Nothing to stop B suing in KR if they so wish, unless property is registered and for valuable consideration under s.29 LRA 2002

112
Q

What does CT mean for trustees de son sort?

A

Personally liable to account - remedy same as when T does not act in accordance with trust

113
Q

Faraj v Say-Dee

A

UE does not run concurrently with KR

114
Q

What are three ways to criticise the test in BCCI v Akindele?

A

Lacks clarity, unpredictable and unconscionability expressly rejected by Lord Nicholls in Royal Brunei

115
Q

Morlea Professional Services v Richard Walter general

A

Sham loans company, in lieu of original property

116
Q

Ultraframe v Fielding on profits remedy for DA

A

DA NOT jointly liable for Ts profits as would be punitive

117
Q

Sham loans company, in lieu of original property

A

Morlea Professional Services v Richard Walter

118
Q

Who explains Blyth v Fladgate as being about liability for KR discharged, but then liability for DA?

A

H&M

119
Q

Relfo Ltd v Varsani judgment

A

To identify traceable substitute of property of D, C needs to satisfy tracing rules

120
Q

What case showed that there is no knowing receipt of property if D did not receive it for her own benefit (e.g. received ministerially)?

A

Barnes v Addy

121
Q

Green v Weatherill general

A

Daughter father trust sister

122
Q

How do L&O commend BCCI v Akindele?

A

Courts do not have much trouble applying the test

123
Q

What judge sat in both Barlow Clowes v Eurotrust and Twinsectra?

A

Lord Hoffmann

124
Q

Ultraframe v Fielding causation

A

LJ Lewison saw cover-up as counting as assistance

125
Q

Blyth v Fladgate

A

D knows T will misapply property again if returned - no discharge

126
Q

What judge in Baden, Delvaux v Societe Generale gave five stages of knowledge?

A

Peter Gibson J

127
Q

What judge in what case gave five stages of knowledge?

A

Baden, Delvaux v Societe Generale

128
Q

What do H&M argue about concurrent liability of UE and KR?

A

Fault for compensatory liability (KR) shouldn’t affect restitutionary liability under UE

129
Q

Why did Lord Nicholls reject criterion of knowledge in Royal Brunei?

A

Tortuous convulsions and less meaningful

130
Q

Name at least three cases on causation and DA

A

Grupo Torras v Al-Sabah (No.5); Casio Computer v Sayo; Ultraframe v Fielding; Heinl v Jysk Bank

131
Q

Barlow Clowes v Eurotrust general

A

Ponzy scheme

132
Q

Baden, Delvaux v Societe Generale judgment

A

Five stages of knowledge, for DA but applied to KR

133
Q

What are trustees de son tort?

A

A person who deals with trust property AS THOUGH they were a T

134
Q

What is the type of liability in UE?

A

Strict - no need for fault

135
Q

When can KR remain liable when giving property in lieu of original property to discharge core restorative duty

A

If Bs disavow Ts actions to accept Ds giving of property in lieu of original property, meaning D remains liable

136
Q

Relfo Ltd v Varsani on UE

A

C had concurrent claims in UE and KR

137
Q

What judge in what case accepted objective limb from Brunei but altered subjective standard?

A

Lord Hutton in Twinsectra v Yardley

138
Q

How do courts catch money laundering activities under causation of DA?

A

Hold breach not fully implemented until funds hidden from B

139
Q

McCullough v Marsden used to show what

A

If B can get property rights against innocent 3rd through subrogation to remedy UE, they should have direct UE claim too

140
Q

Who argues CT conveys distinct nature of liability for knowing recipients?

A

Mitchell and Watterson

141
Q

In what jurisdiction is UE denied independent source of rights and obligations?

A

Australia - Farah v Say-Dee

142
Q

What does the test from Twinsectra look like

A

Ghosh test from criminal

143
Q

D needs to have known T was not ‘entitled to do what he is doing’ for mental element of DA

A

Ultraframe v Fielding

144
Q

Who explains why a constructive trustee is not just an empty relief formula?

A

Mitchell and Watterson

145
Q

To identify traceable substitute of property of D, C needs to satisfy tracing rules for legal title received by 3rd in KR

A

Relfo Ltd v Varsani

146
Q

what defence was allowed in Twinsectra v Yadley?

A

Robin Hood defence

147
Q

Grupo Torras v Al-Sabah (No.5)

A

B only has to show assistance made breach easier for DA causation

148
Q

What court decided Royal Brunei v Tan?

A

Privy Council

149
Q

What two Australian cases show DA is only severally liable for profits?

A

Michael Wilson v Nicholls; Grimaldi v Chameleon Mining

150
Q

What case is used to show that if B can get property rights against innocent 3rd through subrogation to remedy UE, they should have direct UE claim too?

A

McCullough v Marsden

151
Q

What was the issue with Barnes v Addy?

A

Unreserved judgment ignoring previous authority

152
Q

What three elements are there to a UE claim?

A

D is enriched, at C’s expense, unjustly

153
Q

What case gave that if KR is liable for substitutive performance, clock does not stop - liable for value of property at judgment

A

Target Holdings v Redferns

154
Q

What case confirmed Barlow Clowes v Eurotrust?

A

Abou-Rahman v Abacha

155
Q

How do H&M explain Blyth v Fladgate?

A

About liability for KR being discharged, but then liability for DA

156
Q

What is it argued MAY run concurrently with a KR claim?

A

UE

157
Q

Under what kind of trust can a KR restore property directly to Bs who are absolutely entitled instead of Ts?

A

Bare trust

158
Q

What system and case do H&M prefer for UE to run concurrently with KR, if ever applied in UK

A

Re Esteem Settlement

159
Q

Royal Brunei v Tan judgment

A

Lord Nicholls said Barnes wrong - T need not be dishonesty, so dishonesty of 3rd sufficient, and honesty is OBJECTIVE based on circumstances

160
Q

How do H&M explain Farah v Say-Dee?

A

UE is denied independent source of rights and obligations in Australia

161
Q

What judge in El-Ajou v Dollar Land Holdings gave three things for KR liability?

A

Hoffmann LJ

162
Q

What judge clarified Twinsectra in Barlow Clowes v Eurotrust?

A

Lord Hoffmann

163
Q

Why do H&M consider it misleading to see DA as ‘liable to account as CT’?

A

Used in knowing receipt context already and calls to mind constructive TRUST

164
Q

What defence could D rely on if UE is allowed concurrently with KR?

A

Change of position defence, if in GOOD FAITH

165
Q

Who argue fault for compensatory liability (KR) shouldn’t affect restitutionary liability under UE?

A

H&M

166
Q

In what case was the argument of Mitchell and Elliott endorsed that DA is secondarily liable AFTER t?

A

Ultraframe v Fielding

167
Q

Subrogation

A

McCullough v Marsden

168
Q

Niru Battery Manufacturing v Milestone Trading judgment

A

Change of position defence excludes those acting just ‘short of outright dishonesty’, but includes ‘mere negligence’

169
Q

Abou-Rahman v Abacha general

A

Spam competition email, Nigerian bank fraud, London bank manager

170
Q

What does CT mean for knowing recipients?

A

Personally liable to account - remedy same as when T does not act in accordance with trust

171
Q

Name at least three cases which are used to show there should be concurrent liability of KR and UE?

A

Ministry of Health v Simpson; Criterion Properties v Stratford UK; Relfo Ltd v Varsani; McCullough v Marsden

172
Q

What judge in BCCI v Akindele stated that SC need approve concurrent liability of UE and KR?

A

Nourse LJ

173
Q

D knows T will misapply property again if returned - no discharge

A

Blyth v Fladgate

174
Q

Heinl v Jysk Bank

A

Catching money laundering activities by holding breach not fully implemented until funds hidden from B

175
Q

Arthur v AG of the Turks and Caicos Islands

A

showed KR is liable as if he were a real T

176
Q

Ministry of Health v Simpson judgment

A

strict liability applies to recipient of improperly distributed funds of deceased’s estate, so why not trust assets?

177
Q

Name at least three cases on knowledge by 3rd of breach giving liability for KR

A

Baden, Delvaux v Societe Generale; Re Montagu’s Settlement; Belmont Finance v Williams Furniture (No.2); BCCI v Akindele; Charter v City Index

178
Q

When do difficulties arise with remedy for DA?

A

Profits

179
Q

What case shows KRs owe stewardship duty , so liability can arise for D receiving improper funds from a KR?

A

Bracken Partners v Gutteridge

180
Q

Casio Computer v Sayo

A

If DA made no difference, not liable

181
Q

Director improper purpose, personal claim

A

Criterion Properties v Stratford UK

182
Q

What case stated that all knowledge on Baden scale is sufficient for KR?

A

Belmont Finance v Williams Furniture (No.2)

183
Q

What case in UK suggested UE can run concurrently with KR in obiter?

A

Dubai Aluminium v Salaam

184
Q

What is the distinct nature of liability for knowing recipients, highlighted by Mitchell and Watterson?

A

Distinctive equitable custodial duty very similar to T duty to account

185
Q

Ultraframe v Fielding

A

Bs usually seek proprietary remedy for D to reconvey legal title if he still has it, but not possible if D doesn’t

186
Q

What case showed a move back to more objective test after Twinsectra?

A

Barlow Clowes v Eurotrust

187
Q

what case showed courts ordering KR to pay money without allegation of BoD as CT

A

Green v Weatherill

188
Q

Agip (Africa) v Jackson

A

D cannot claim honesty by sheltering behind disreputable transaction

189
Q

What kind of state of mind of D in DA was required prior to Royal Brunei?

A

Dishonest (Barnes v Addy)

190
Q

What does change of position defence require?

A

Extraordinary expenditure in reliance of receipt of benefit, on a ‘but for’ basis, and good faith

191
Q

Criterion Properties v Stratford UK general

A

Director improper purpose, personal claim

192
Q

3rd receiving legal title is not liable if received property ministerially

A

Barnes v Addy

193
Q

What judge caw cover-up as counting as assistance and in what case?

A

Ultraframe v Fielding, LJ Lewison

194
Q

What CTs do courts hold Personally liable to account - remedy same as when T does not act in accordance with trust?

A

KR and trustees de son sort

195
Q

Who highlighted that there is nothing to stop B suing in KR if they so wish, unless property is registered and for valuable consideration under s.29 LRA 2002?

A

Conaglen and Goymour

196
Q

In what two ways can D dishonestly assist?

A

Either in misapplication of property OR breach of duty

197
Q

Novoship (UK) v Nikitin general

A

Charters to company, £150 million profit to company

198
Q

Hoffmann LJ gave three things for KR liability in what case?

A

El-Ajou v Dollar Land Holdings

199
Q

Pauline Ridge on DA remedies

A

Messy that DAs liability is sometimes primary and sometimes secondary

200
Q

What would stop B from suing in KR?

A

property is registered and for valuable consideration under s.29 LRA 2002

201
Q

If DA made no difference, not liable

A

Casio Computer v Sayo

202
Q

Royal Court of Jersey allow UE to run concurrently with KR

A

Re Esteem Settlement

203
Q

Name at least two cases on legal title received by 3rd for KR

A

Ultraframe v Fielding; Grimaldi v Chameleon Mining; Relfo Ltd v Varsani; Barnes v Addy

204
Q

Tickets for airline companies sold by agents, holding money in trust for company, personal account

A

Royal Brunei v Tan

205
Q

How can measure of liability for KR be very different to claim under UE/law of wrongs?

A

Clock stops for UE but not for KR

206
Q

Barlow Clowes v Eurotrust judgment

A

Lord Hoffmann clarified Twinsectra test as being the same as Royal Brunei - not subjective but oBJECTIVE

207
Q

Re Exchange Banking Co

A

Company directors owe duty to account to C for dealings

208
Q

what three reasons are given in Green v Weatherill for why liability of KR to account cannot be collapsed into law of wrongs/UE?

A

Liability about RESTORATION, not RESTITUTION (like UE), D not entitled to claim contributory negligence and measure of liability may be very different

Law Second Year (62 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions