Subjects:

Commercial Law

Contents:

Part I:Fraud-Overview

1. Introduction

2. Common Law

3. Equity

4. Relationship between Civil and Criminal Law

Part II: Faud at common law

5. Tort of Deceit

Part III: Fraud within an existing legal relationship

6. Contract

7. Fiduciary Relationship

8. Company Law

Part IV: Recipient-based liability

9. Knowing Receipt

10. Unjust Enrichment

11. Constructive Trusts

12. Conversion

13. Statutory Liability

Part V: Accessory Liability

14. Conspiracy

15. Inducing breach of contract

16. Dishonest Assistance

17. Bribery

Part VI: Tracing and Following

Part VII: Conflict of Laws

18. Jurisdiction

19. Choice of Law

Part VIII: Pleading and Practice

20. Disclosure

21. Freezing orders

22. Pleading Fraud

The book provides clear and practical guidance on the complex issues that arise in commercial fraud claims. By bringing together all current sources of legal thinking the author presents a coherent and readily accessible guide for the busy practitioner.

Setting the scene with a discussion of the types of relationship which give rise to liability, including fiduciary relationships, the author then examines the liability of those who receive the proceeds of fraud. He considers the meaning of 'knowing receipt' and the nature of claims for unjust enrichment and constructive trusts.

The work examines the availability of proprietary relief in the context of commercial fraud and assesses how best to apply the rules on tracing through modern means of money transfer such as BACS and CHAPS. McGrath concludes with a discussion of tracing, conflict of laws and procedure.

• Fills a gap for a practical work on fraud that focuses on civil law claims and remedies
• Brings together in one volume all the reference sources of debate and current thinking on this topic
• Provides a detailed treatment of difficult topics such as unjust enrichment and conflict of laws
• Practical guidance on important procedural elements such as injunctions and disclosure