Restitution Discussion Group Archives
| Sender: |
Robert Stevens |
| Date: |
Fri, 15 Dec 2000 17:44:26 |
| Re: |
Cass (Trustee in Bankruptcy) v. Karpnale? |
Mr Scully
wrote:-
A gift on the other hand is a disposition of
property other than for valuable consideration. Is it? What is the authority for this? (Other than Lipkin
Gorman v Karpnale) We wouldn't describe mistaken payments as gifts.
R
-----Original Message----- Lionel Smith wrote:
Here is a question for anyone interested, especially
insolvency buffs. In Lipkin Gorman v. Karpnale (let's say it all together:
[1991] 2 AC 548) the rogue Cass misappropriated money of the plaintiff
and gambled it away at the casino operated by the defendant. One crucial
element in the plaintiff's success was that under English gaming law,
the gambling transactions were treated as executed gifts so that the
defendant could not claim to be a good faith purchaser for value.
=======================
under a US statute called something like
the 'religious liberty' act, good-faith charitable gifts by an insolvent
are not avoidable
a court able to describe a loss to a
casino as a 'gift' should have little trouble recognizing a casino as
a 'charity'
From: Allan Axelrod
Sent: 15 December 2000 17:01
Subject: Re: [RDG:] Cass (Trustee in Bankruptcy) v. Karpnale?
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