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

Hardcover | January 26, 2006

byJanet Ulph, Michael Tugendhat, James Glister

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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 primarilyconcerned 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 ofhuman 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 issuesare 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.

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From the Publisher

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 primarilyconcerned with the impact of these activities upon...

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 ...

other books by Janet Ulph

Format:HardcoverDimensions:912 pages, 9.69 × 6.73 × 2.1 inPublished:January 26, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019826867X

ISBN - 13:9780198268673

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Table of Contents

A: BACKGROUND1. Introduction2. Human Rights3. Money Laundering and Acquisitive Crime: the background and the offences4. Money Laundering and Acquisitive Crime: the proceeds of crimeB: ESTABLISHING CIVIL LIABILITY5. Regulating Conduct6. Receipt Based Liability of Third Parties7. Multi-Party and Accessory Liability8. Law of Agency and Maritime FraudC: REMEDIES AND DEFENCES9. Remedies10. Following Misappropriated Property and Tracing into Substitute Property11. Title Conflicts: Defences to the Action in Conversion12. Further DefencesCONCLUSIONS