Baden v Société Générale pour Favoriser le Développement du Commerce et de l'Industrie en France S.A. (Note)
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Judgment Date | 1992 |
| Year | 1992 |
| Date | 1992 |
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260 cases
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MCP Pensions Trustees Ltd v AON Pension Trustees Ltd
...I do not think there had been any classification of “knowledge” which corresponded with the classification of “notice”. However, in the Baden case, at p. 407, the judgment sets out five categories of knowledge, or of the circumstances in which the court may treat a person as having knowledg......
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Alta Trading UK Ltd (formerly known as Arcadia Petroleum Ltd) v Peter Miles Bosworth
...that issue in that case. 874 A five-fold classification of knowledge was set out by Peter Gibson J in Baden v Société Générale SA [1993] 1 WLR 509 at [250]: (1) actual knowledge; (2) wilfully shutting one's eyes to the obvious; (3) wilfully and recklessly failing to make such inquiries as ......
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Armstrong DLW GmbH v Winnington Networks Ltd
...(1) to (3) ("actual/reckless") and of types (4) and (5) ("constructive") (as identified in Baden v Société Générale pour Favoriser le Développment du Commerce et de l'Industrie en France SA [1993] 1 WLR 509) constitutes "notice" that defeats such a defence. - Thirdly, Baden types (4) and (5......
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Seagate Technology Pte Ltd and Another v Goh Han Kim
... ... order in an envelope with a `post-it` note attached indicating the quantity of LFS to be ... business in Paris and elsewhere in France. The defendants had throughout followed the ... ...
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2 firm's commentaries
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Privy Council Confirms That Quincecare Duty Is Limited To Protecting Customers And Does Not Extend To Protect Third Parties
...so confirmed that the decision in Baden v Société Générale pour Favoriser le Développement du Commerce et de l'Industrie en France SA [1993] 1 WLR 509 is no longer good law. Under the Baden duty, a bank which knew that an account with it was a trust account, and which was negligent in trans......
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BLG Monthly Update - October 2011
...here]. In the Court of Appeal, Elias LJ referred to the fivefold classification of 'knowledge' set out in Baden v Société Générale [1993] 1 WLR 509 (Ch D): (i) actual knowledge, (ii) wilfully shutting one's eyes to the obvious, (iii) wilfully and recklessly failing to make such inquiries as......
17 books & journal articles
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Chapter 17: The loss of the insurer’s right to exercise a remedy or to rely upon a breach of warranty
...SA v Dewulf & Ci [1979] 2 Lloyd’s Rep 57, 67–68 pe Robert Goff J) 138 See, e.g. Baden v Société Générale Pour Favoriser le Development du Commerce et de l’Industrie en France S [1993] 1 WLR 509, 575–576 pe Peter Gibson J) 139 [1998] Lloyd’s Rep IR 151, 172 140 Barrett Bros (Taxis) Ltd v Dav......
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'The receipt of what?': Questions concerning third party recipient liability in equity and unjust enrichment.
...58 ACSR 63, 78 (Hamilton J). (61) Baden v Societe Generale pour Favoriser le Developpement du Commerce et de l'Industrie en France SA [1992] 4 All ER 161, 235 (Peter Gibson J) (i) actual knowledge; (ii) wilfully shutting one's eyes to the obvious; (iii) wilfully and recklessly failing to ma......
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Table of Cases
...2 Lloyd’s Rep 314 7.90, 9.15, 9.41, 14.21, 14.71, 15.70, 18.04, 18.09, 18.10, 18.15 Baden v Société Générale pour Favoriser le Developpement du Commerce et de l’Industrie en France SA [1993] 1 WLR 509 17.68 Baghbadrani v Commercial Union Assurance Co plc [2000] Lloyd’s Rep IR 94 1.31, 3.76,......
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Assisting a Breach of Duty by a Fiduciary, the Common Law and Money-laundering
...involve dishonesty, the relevant defining ingredients of it are knowledge of, and intention to interfere with, the right. It follows that the Baden 12 scale of knowledge remains of value in relation to such torts. 13 Nevertheless, Lord Nicholls went on to say, in concluding that dishonesty ......
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