| 翻訳と辞書 |
| knowing receipt ： ウィキペディア英語版 |
knowing receipt
Knowing receipt is an English trusts law doctrine for imposing liability on people who receive property that belonged to a trust, or was held by a fiduciary, and knew that it been given to them in breach of trust. To be liable for knowing receipt, the claimant must show, first, a disposal of his trust assets in breach of fiduciary duty; second, the beneficial receipt by the defendant of assets which are traceable as representing the assets of the claimant; and third, knowledge on the part of the defendant that the assets he received are traceable to a breach of fiduciary duty.〔''El Ajou v Dollar Land Holdings'' () 2 All ER 685, 700〕
"Knowing receipt" is also sometimes called "unconscionable receipt"〔G. Thomas and A Hudson, ''The Law of Trusts'' (OUP, 2010) 900-920〕 because of its theoretical foundation in the doctrine of unconscionability. The contrary view is that knowing receipt is, or ought to be, part of a broader doctrine of ignorance triggering a claim for unjust enrichment. On this view, anyone who receive property that was given away in breach of trust has a strict duty to repay the value, unless they have committed a wrong, or have changed their position after the receipt. This model suggests that knowledge is not exclusively relevant for liability.
==Underlying principle==
The underlying principle of knowing receipt is beneficial receipt of D is unjust enrichment at the expense of the rightful owner. In ''Royal Brunei Airlines Sdn Bhd v Tan'', knowing receipt is characterized as restitution-based liability (as opposed to accessory liability).
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「knowing receipt」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|