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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Commercial Fraud in Civil Practice 2nd ed isbn 9780199645992

Commercial Fraud in Civil Practice

ISBN13: 9780199290574
New Edition ISBN: 9780199645992
Published: December 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

Paul McGrath, of Essex Court Chambers, has written a book that 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

Commercial Law
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;