Commercial Fraud

Civil Liability, Human Rights, and Money Laundering
Erscheinungsjahr 2006
ISBN: 978-0-19-826867-3
Verlag: OUP Oxford

Buch, Englisch, 908 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 1713 g

Theft, deception, bribery, rogue trading and money laundering present massive and apparently insuperable problems for governments worldwide. On a national and international scale, these types of activities may have social, economic and political repercussions. This new book is primarily concerned with the impact of these activities upon private individuals. The text analyses the position of the victim, the fraudster, recipients of property and accessories. The focus is upon the civil law aspects of fraud and the increasing significance of money laundering legislation and the law of human rights.

The main theme of this book is an examination of the extent to which fraudulent activity triggers special rules which are exceptions to the general principles of civil law. There is the further question of the extent to which theft and fraud affect transactions which are interlinked. Policy issues are weighed in the balance, such as the protection of property rights against the need to ensure the free circulation of goods and the security of good faith purchase, and the demand for certainty in the law against the need to deter fraud.

Zielgruppe

Practitioners (solicitors, barristers, and judges) practicing in the area of commercial fraud, academics and post-graduates.

Autoren/Hrsg.

Ulph, Janet

Glister, James

Weitere Mitwirkende

Tugendhat, Michael

Fachgebiete

• Rechtswissenschaften Strafrecht Strafrecht Allgemeiner Teil
• Rechtswissenschaften Wirtschaftsrecht

Inhaltsverzeichnis

- A: BACKGROUND

- 1: Introduction

- 2: Human Rights

- 3: Money Laundering and Acquisitive Crime: the background and the offences

- 4: Money Laundering and Acquisitive Crime: the proceeds of crime

- B: ESTABLISHING CIVIL LIABILITY

- 5: Regulating Conduct

- 6: Receipt Based Liability of Third Parties

- 7: Multi-Party and Accessory Liability

- 8: Law of Agency and Maritime Fraud

- C: REMEDIES AND DEFENCES

- 9: Remedies

- 10: Following Misappropriated Property and Tracing into Substitute Property

- 11: Title Conflicts: Defences to the Action in Conversion

- 12: Further Defences

- CONCLUSIONS

Über Autor(innen)

Janet Ulph is a graduate of Nottingham University with postgraduate degrees in Law from Cambridge University and Harvard Law School in the United States. She is a non-practising solicitor and a Senior Lecturer in Law at the University of Durham (teaching Commercial Law and Equity and Trusts at undergraduate level and Commercial Fraud and International Trade at postgraduate level).

Sir Michael Tugendhat is a Judge of the High Court assigned to the Queen's Bench Division. He was educated at Gonville & Caius College Cambridge before being awarded the Henry Fellowship at Yale University Law School. He was called to the Bar of Inner Temple in 1969 before joining 5 Raymond Buildings Chambers. He was appointed a Queen's Counsel in 1986, a Recorder of the Crown Court in 1994 and a Deputy High Court Judge in 1995. Since 2000 he has also sat as a Judge of the Courts of Appeal in Jersey and Guernsey.