Derek Whayman, ‘Liability for bribes and secret commissions at common law: obsolete, unnecessary and probably a fusion fallacy’

“This article concerns the common law actions against bribe-givers and bribe-takers. They also extend to mere secret commissions, but ‘bribe’ is a convenient shorthand. The remedies are rescission and the recovery from both parties of either the amount of the bribe or compensatory damages in what the Privy Council called money had and received and the ‘tort of fraud’ respectively. They apply to a claimant in a position akin to principal in an equitable fiduciary-principal relation and are analogous to their equitable counterparts of breach of fiduciary duty and dishonest assistance. Wood v Commercial First Business Ltd was a case of a mortgage broker who took a secret commission …”

€ (Westlaw)

Derek Whayman, ‘Liability for bribes and secret commissions at common law: obsolete, unnecessary and probably a fusion fallacy’ [2022] Conveyancer and Property Lawyer (2) 184-201.

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