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Sender:
Lionel Smith
Date:
Sat, 10 Feb 1996 16:38:32 -0700
Re:
Knowing Assistance

 

On 27 Jan I wrote:

I am desperately trying to remember where I recently read something. In a recent article someone referred to knowing assistance liability and then in a footnote said something like, "Nearly every major law journal has recently published an article on this subject." There then followed a wonderful catalogue of recent articles on the point.

In case anyone is interested, I have found it. It's in A.J. Oakley's 6th ed. of Parker and Mellows on Trusts, p. 251, note 29.

Actually Oakley is there dealing with both knowing assistance and knowing receipt. For those who might be interested, here is an updated and expanded list. It does not include anything published before 1985:

 

R.P. Austin, "Constructive Trusts" in P.D. Finn, ed., Essays in Equity (Sydney: The Law Book Company, 1985)

D.J. Hayton, "Personal Accountability of Strangers as Constructive Trustees" (1985) 27 Malaya L.R. 313

C. Harpum, "The Stranger as Constructive Trustee" (1986) 102 L.Q.R. 114

R. Sullivan, "Strangers to the Trust" (1986) 8 E. & T.Q. 217

P.L. Loughlan, "Liability for Assistance in a Breach of Fiduciary Duty" (1989) 9 Oxf.J.L.S. 260

P.B.H. Birks, "Misdirected Funds: Restitution from the Recipient" [1989] L.M.C.L.Q. 296

H. Norman, "Knowing Assistance - A Plea for Help" (1992) 12 Legal Studies 332

P.D. Finn, "The Liability of Third Parties for Knowing Receipt or Knowing Assistance" in D.W.M. Waters, ed., Equity, Fiduciaries and Trusts 1993 (Toronto: Carswell, 1993)

P.B.H. Birks, "Persistent Problems in Misdirected Money: A Quintet" [1993] LMCLQ 218

C. Harpum, "The Basis of Equitable Liability"; L. Hoffmann, "The Redundancy of Knowing Assistance"; P.B.H. Birks, "Gifts of Other People's Money"; and W. Swadling, "Some Lessons from the Law of Tort", all in in P.B.H. Birks, ed., The Frontiers of Liability, vol. 1 (Oxford: Oxford University Press, 1994)

G. Watt, "Accessory Liability for Breach of Trust" (1995) 4 Nottingham L.J. 111

T. Allen, "Fraud, Unconscionability and Knowing Assistance" (1995) 74 Can. Bar Rev. 29

S. Gardner, "Knowing Assistance and Knowing Receipt: Taking Stock" (1996), 112 L.Q.R. 56

 

I have not checked the Watt article as our library does not have that journal.

Enjoy,

 

Lionel Smith
Faculty of Law, University of Alberta
Edmonton, Alberta, Canada T6G 2H5
Tel 403 492 2599; Fax 403 492 4924


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