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United Kingdom Leading Case knowing receipt

BCCI v Akindele

[2001] Ch 437
JurisdictionUnited Kingdom
CourtCourt of Appeal (England & Wales)
Year2001
StatusBinding authority

Summary

A recipient of trust property is liable for knowing receipt if their state of knowledge makes retention of the benefit unconscionable; constructive knowledge suffices.

Key Principle

The test for knowing receipt is whether the recipient's state of knowledge makes it unconscionable for them to retain the benefit; constructive knowledge suffices.

Area of Law

trusts

Related Cases

Thorne v Kennedy (2017) 263 CLR 85

Prenuptial agreements set aside for unconscionability and undue influence where inequality of bargaining power existed between the parties.

Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392

A casino operator's mere knowledge of a patron's pathological gambling does not constitute unconscionable conduct absent deliberate exploitation of that special disadvantage.

Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90

A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

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