Corporacion Nacional Del Cobre: ChD 13 Dec 1996

No defence of contributory negligence was to be allowed against a claim involving an allegation of corruption by means of bribery. The defendants had bribed one of the plaintiff’s employees. The plaintiff claimed restitution, and an account from the defendants as constructive trustees for profits. The defendants wanted to assert that there was an equivalent to contributory negligence within the law of equity. There was no proper reason for distinguishing deceit by bribery from other forms of deceit. There had to be something to have put the plaintiff on notice of the deceit, and that was absent here.


Gazette 13-Dec-1996

Damages, Equity

Updated: 19 May 2022; Ref: scu.79515