Royal Brunei Airlines v Tan
1995 · [1995] 2 AC 378
Posted By lanbuk.com
- Facts
- A travel agent held ticket money on for an airline. Its director, Tan, used the money for the company's business. The company became insolvent.
- Issue
- Was Tan personally liable for helping in the breach?
- Held
- Yes. The Privy Council held that a person who dishonestly assists a breach of trust is liable, whether or not the trustee was dishonest.
- Principle
- Dishonest assistance depends on the assistant's dishonesty.
- Why it matters
- It is the modern basis of accessory liability.
Words and Latin in this note
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.