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4 Cards in this Set

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  • Back

Barnes v Addy

nbn

Baden

requirements of accessory liability


1. there must be a breach


2. there must have been a breach of trust


3. the third party must have assisted by breach


of trust


4. The third party must have acted dishonestly

Baden Delvaux v Societe Generale

D not liable


- it had no knowledge at the time the fraud was assisted


- the relevant knowledge had to be knowledge of the facts


- recklessly refraining to make enquiries which a reasonable banker would have made is enough

Brinks v Abu-Saleh

D did not assist in breach of trust


- D was not party to the agreements entered by her husband


- requries positives acts