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Dishonest assistance, or knowing assistance, is a type of third party liability under English trust law. It is usually seen as one of two liabilities established in ''Barnes v Addy,''〔 the other one being knowing receipt. To be liable for dishonest assistance, there must be a breach of trust or fiduciary duty by someone other than the defendant, the defendant must have helped that person in the breach, and the defendant must have a dishonest state of mind. The liability itself is well established, but the mental element of dishonesty is subject to considerable controversy which sprang from the House of Lords case ''Twinsectra Ltd v Yardley''.〔() (UKHL 12 )〕 ==History== It is a common belief that dishonest or knowing assistance originates from Lord Selbourne's judgment in ''Barnes v Addy'':〔 As can be seen, the judgment laid down two heads of liability: one based on receipt of trust property (knowing receipt) and the other on assisting with knowledge in a dishonest and fraudulent design (knowing assistance). Lord Selbourne's statement has been heavily criticized, particularly on the requirement that the defaulting fiduciary / trustee has to be dishonest or fraudulent. A commentator noted that ''Fyler v Fyler'' and ''AG v The Corporation of Leicester'', two decisions on knowing assistance in the 1840s which predated ''Barnes v Addy'', did not mention the moral quality of the breach induced or assisted at all. Another debate was regarding the type of knowledge that would suffice to impose liability. Peter Gibson J in ''Baden v Société Générale'' identified 5 categories of knowledge which was subject to much debate and led the courts into "tortuous convolutions".〔''Royal Brunei Airlines v Tan''〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Dishonest assistance」の詳細全文を読む スポンサード リンク
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