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Habib Bank v Habib Bank AG Zurich

[1981] 1 WLR 1265

Case summary last updated at 02/02/2020 21:44 by the Oxbridge Notes in-house law team.

Judgement for the case Habib Bank v Habib Bank AG Zurich

D was a bank incorporated in Switzerland, formed out of a former Pakistani bank of the same name. Subsequent to this incorporation, Pakistani bank was nationalised. However C, as a nationalised bank, continued trading extensively with D. Only 7 years after nationalisation did C bring claim for passing off against D. Held:
 
·        For acquiescence, failure of C to sue D must have encouraged D to believe that the wrong was being assented to
·        Here, is hard to think of what more C could have done to give such encouragement than continue trading with D.
·        Thus defence of acquiescence applies.

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