Dishonest assistance in Singapore and Malaysia since Barlow Clowes

Manley, Stewart (2015) Dishonest assistance in Singapore and Malaysia since Barlow Clowes. Asian Journal of Comparative Law, 9 (1). pp. 317-343. ISSN 1932-0205

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Abstract

Determining civil liability for dishonest assistance in breach of fiduciary duty requires courts to consider a combination of subjective and objective factors. Taking into account the persons experience, intelligence and reasons for acting (subjective factors), did the person have sufficient knowledge of the transaction (subjective factor) so as to render participation in the transaction contrary to ordinary standards of honest behaviour (objective factor)? The piecemeal development of this test, as well as its complexity, led to inconsistency and confusion in application. In 2006, the Privy Council in Barlow Clowes International Ltd (in liq) v. Eurotrust International Ltd clarified that the person accused of dishonest assistance need not actually realise that involvement in the transaction would breach ordinary standards of honesty.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Law (FOL)
Depositing User: Ms Nurul Iqtiani Ahmad
Date Deposited: 14 Jan 2015 07:39
Last Modified: 20 Apr 2015 04:21
URI: http://shdl.mmu.edu.my/id/eprint/5932

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