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Vol 23 No 5 May/June 2018

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Commercial Fraud: Civil Liability for Fraud, Human Rights, and Money Laundering

ISBN13: 9780198268673
ISBN: 019826867X
Published: February 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £215.00

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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.

  • A key reference work for both academics and practitioners with a clear layout to assist cross referencing and reference to primary materials.
  • Original in its approach, the book examines types of claims for fraud and the basis for action
  • The book draws on a number of sources (company, contract, tort and trusts law) to analyse the law's response to fraud
  • Provides coverage of human rights and its impact upon commercial law.

Commercial Law, Criminal Law, Money Laundering
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
5. Regulating Conduct
6. Receipt Based Liability of Third Parties
7. Multi-Party and Accessory Liability
8. Law of Agency and Maritime Fraud
9. Remedies
10. Following Misappropriated Property and Tracing into Substitute Property
11. Title Conflicts: Defences to the Action in Conversion
12. Further Defences