The Brickenden Test

Privy Council in Brickenden v London Loan and Savings Co ([1934] 3 DLR 465 at 469) the court said:

"When a party, holding a fiduciary relationship, commits a breach of his duty by non-disclosure of material facts, which his consituent is entitled to know in connection with the transaction, he cannot be heard to maintain that disclosure would not have altered the decision to proceed with the transaction, because the constituent's action would be solely determined by some other factor. Once the Court has determined that the non-disclosed facts were material, speculation as to what course the constituent, on disclosure, would have taken is not relevant"

Back to the Top
Brickenden Homepage

Mail me: TREVOR BUTCHER
Ver:281099