Subjects:

Commercial Law

Contents:

The concepts of money, payments and obligation to pay.

The right to payment and the defences to a payment claim.

Stipulations as to time: interest.

The legal implications of interbank transfers.

Foreign money obligations.

This work provides a lucid and penetrating analysis of the legal principles underlying payment obligations in financial transactions. It helps practitioners understand the often obscure concepts on which disputes arising from modern payment systems frequently turn and to use them on their clients’ behalf. It analyses the concepts of money, payment and obligation to pay; the right to payment; stipulations as to time; interest; the legal implications of inter-bank transfers, and foreign money obligations. Recent case law is analysed in the light of these fundamental principles.

• Offers new insights into familiar problems by rigorous analysis of underlying legal principles
• Considers a wide variety of topics, from the definition of money and payment through to international inter-bank transfers and foreign money obligations
• Provides robust views on complex but important areas, such as compound interest, payment to an agent, recovery of exchange rate losses and foreign illegality
• Looks at the introduction of e-money and payment by card
• Supplies materials from Commonwealth jurisdictions and the US, giving a comparative approach to problems that are international in character
• Discusses case law in depth, including TSB Bank v Welwyn Council, Armagas v Mundogas, Camdex v Bank of Zambia and President of India v La Pintada
• Examines procedures which a bank must adopt to comply with anti-money laundering legislation without exposing themselves to claims from customers
• Considers sanctions legislation, particularly the extra-territorial aspects of the US Patriot Act for foreign banks