The Unsettled Law of Knowing Assistance

Abstract

According to the standard view of liability for knowing assistance, four elements must be established: (1) a trust or other fiduciary relationship; (2) a dishonest design on the part of the trustee or fiduciary; (3) assistance by another in the implementation of that design; and (4) that others knowledge. In Agip, there was no question as to elements (1), (2) and (3), and accordingly this note will focus on the fourth or knowledge element.

Keywords: liability, knowing assistance, trust, fiduciary, relationship, dishonest design, design, assistance, others, Agip, knowledge