Habib Bank v Habib Bank AG Zurich [1981] 1 WLR 1265
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:14:09 UTC
Defendant 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 Claimant, as a nationalised bank, continued trading extensively with Defendant.
Only 7 years after nationalisation did Claimant bring claim for passing off against Defendant.
Held
For acquiescence, failure of Claimant to sue Defendant must have encouraged Defendant to believe that the wrong was being assented to
Here, is hard to think of what more Claimant could have done to give such encouragement than continue trading with Defendant.
Thus defence of acquiescence applies.
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