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Relevant bibliographies by topics / Fraud Exception

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Academic literature on the topic 'Fraud Exception'

Author: Grafiati

Published: 4 June 2021

Last updated: 11 February 2022

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Journal articles on the topic "Fraud Exception"

1

Aladwan, Zaid. "The implementation of the fraud exception rule: a comparative study." Journal of Financial Crime 27, no. 3 (2020): 977–93. http://dx.doi.org/10.1108/jfc-02-2020-0016.

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Purpose The purpose of this paper is to examine the application of the fraud exception rule and try to analyze the different approaches in regard to the implication of fraud rule in letters of credit. Further, this paper tries to explore if there is an obstacle when applying such exception rule in common law and whether there is an overlap with interpreting the said rule. The same fact appears in civil law courts as well. Design/methodology/approach This paper is a comparative study which uses analytical approach and critical legal thinking. Findings The scope of the fraud defence, the US lega

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Newbold, A. L. E. "The Crime/Fraud Exception to Legal Professional Privilege." Modern Law Review 53, no. 4 (1990): 472–84. http://dx.doi.org/10.1111/j.1468-2230.1990.tb02829.x.

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Bernstein, Adam. "The small matter of fraud." Nursing and Residential Care 22, no. 10 (2020): 1–4. http://dx.doi.org/10.12968/nrec.2020.22.10.10.

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Zeigler, Luther. "The Fraud Exception to Discharge in Bankruptcy: A Reappraisal." Stanford Law Review 38, no. 3 (1986): 891. http://dx.doi.org/10.2307/1228567.

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Payne, Jennifer. "Lifting the Corporate Veil: A Reassessment of the Fraud Exception." Cambridge Law Journal 56, no. 2 (1997): 284–90. http://dx.doi.org/10.1017/s0008197300081320.

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If students of company law know just one case, that case will be Salomon v. A. Salomon & Co. Ltd. which firmly established the English law principle that a company is a legal person entirely separate and distinct from the members ofthat company. It is trite law that a rather hefty veil is drawn between these two that can be lifted only in a limited number of circumstances that seem to fluctuate according to current judicial thinking. However, it “is well established that the courts will not allow the corporate form to be used for the purposes of fraud or as a device to evade a contractual

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Ding, Yeming, and Bruno Zeller. "The fraud exception in letters of credit – the Chinese approach." International Review of Law 2017, no. 3 (2017): 13. http://dx.doi.org/10.5339/irl.2017.13.

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Hooley, Richard. "FRAUD AND LETTERS OF CREDIT: IS THERE A NULLITY EXCEPTION?" Cambridge Law Journal 61, no. 2 (2002): 239–94. http://dx.doi.org/10.1017/s000819730233160x.

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Despite the absence of fraud on the part of the beneficiary of a letter of credit, is the issuing or confirming bank entitled to refuse to pay the beneficiary on the ground that a tendered document is a “nullity” in the sense that it was forged by a third party or has been executed without the authority of the person by whom it purports to be issued?

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Odeke, Ademuni. "The Judicial Approach to Injunctions in Letters of Credit and Performance Bond Transactions: The Fraud Exception Re-examined." Denning Law Journal 10, no. 1 (2012): 35–65. http://dx.doi.org/10.5750/dlj.v10i1.250.

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Richards, Katie. "Revisiting the fraud exception: a critique of United City Merchants v Royal Bank of Canada 40 years on." Legal Studies 39, no. 4 (2019): 656–75. http://dx.doi.org/10.1017/lst.2019.6.

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AbstractMuch has changed in the four decades since United City Merchants v Royal Bank of Canada, in which Lord Diplock established the fraud exception in transactions financed by documentary credit. In particular, the introduction of the UCP 600, case law on nullity documents and amendment to the American fraud exception justify a reconsideration of both the policy arguments underpinning Lord Diplock's rule and the fate of documents known to be forged or null at the time of presentation. Accordingly, two arguments are made in this paper. First, a consideration of the broader exception in the U

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Bui, Linh Le Thuc. "Independence principle and its exception in letter of credit law: Suggestions for Vietnam." Science & Technology Development Journal - Economics - Law and Management 4, no. 4 (2020): First. http://dx.doi.org/10.32508/stdjelm.v4i4.591.

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Even though the letter of credit was invented from a long time ago, however, its legal personalities are very new to the Vietnam Legal Framework. The International Chamber of Commerce (``ICC'') has issued principles for the documentary credit which is the Uniform of Customs and Practice (``UCP'') since 1933 and kept updating it until now, the latest version of UCP is UCP 600 which is presented in 2007. However, the UCP has not systematized many aspects of documentary credit yet and ICC considered those problems as subjects of domestic regulations. The diversification in different national laws

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Dissertations / Theses on the topic "Fraud Exception"

1

Kayembe, Grace Longwa. "The Fraud Exception in Bank Guarantee." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4645.

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Rochert, Norman. "Performance guarantees on first demand and the fraud exception in international trade." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4541.

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Alawamleh, Kamal Jamal Awad. "Documentary credits and independent guarantees : a critique of the 'fraud exception' position in English and Jordanian law." Thesis, University of Central Lancashire, 2013. http://clok.uclan.ac.uk/9627/.

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Underpinning the law on documentary credits and independent guarantees is a legal principle of autonomy which dictates that these financial instruments should, as a matter of law, be treated separately from a trader’s contractual agreement. However, despite this, fraudulent behaviour may still occur when these financial and legal instruments are used in practice. In response, a fraud exception to the autonomy principle has been recognised by many national and international courts in an attempt to mitigate the effects of fraudulent trade practices. The application of this exception within the E

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Zhang, Ruiqiao. "A Comparative study of the fraud exception rule of letters of credit: proposed amendments to the Chinese credit system." Thesis, McGill University, 2010. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=87020.

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This thesis deals with the fraud exception rule of letters of credit, especially focusing on the proposed amendments in Chinese credit system based on a comparative study. In order to reasonably prevent fraud in letters of credit, and to protect the effectiveness and efficiency of credit system, this thesis firstly examines the premise, reasons and foundations of the fraud exception rule, and then analyses its legal philosophy, application criteria and judicial remedies. Finally, based on a comparative study of different domestic laws and the UCP rules, this thesis examines the existing defect

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Corne, Charmian Wang. "Rethinking the Law of Letters of Credit." University of Sydney. Law, 2003. http://hdl.handle.net/2123/660.

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The documentary letters of credit transaction is the most common method of payment for goods in international trade. Its use has been considered so important that it is referred to as the �lifeblood� of international commerce. The purpose of this thesis is, through analysing the present regime of documentary credit established under the The Uniform Customs and Practice for Documentary Credits, 1993 Revision (�UCP�), to identify the rights and duties of all parties in such transactions and the reasons for the frequent occurrence of fraudulent activities associated with the documents requ

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Makobe, Melanchton Phillip Malepe. "The operation of letters of credit with particular reference to the doctrine of strict compliance, the principle of independence, the fraud exception and conflict of laws." Thesis, Rhodes University, 2001. http://hdl.handle.net/10962/d1007281.

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The thesis covers aspects of the law relating to letters of credit. It deals with the operation of letters of credit with particular reference to the doctrine of strict compliance, the principle of independence, the fraud exception and conflict of laws. According to the principle of independence, banks must make payment in terms of the letter of credit irrespective of any dispute that may exist between the buyer and the seller in an underlying contract or other contracts. Although the principle of independence is clearly established, it is not absolute. An exception occurs in the case of fraud

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Warnasuriya, Chathura. "Minimising litigation on presentation of documents under letters of credit : an alternative approach to the uniform customs and practice for documentary credits." Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/15662.

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It is a well-known fact that international trade contracts bear inherently more risk than the trade contracts entered by the parties from the same country. This is due to the differences in business methods and practices used, trade cultures of the parties involved, laws and regulations in the respective jurisdictions. Under these circumstances, it is very important for the seller to have the assurance of that he receives the payment for the goods dispatched and for the buyer to receive the goods what has been ordered. One effective way of having such an assurance is to rely on a letter of cre

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Ngoma, Wilson. "Towards a more flexible approach to the fraud exception in letters of credit under South African law: a comparative analysis with select common law approaches and the UNCITRAL Convention." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15192.

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The aim of this dissertation is to recommend an alternative approach to the fraud exception in South African law. The Current South African position as with the English law, places more weight on upholding the sanctity of the autonomy principle in letters of credit than preventing fraud. This is mainly because the courts have traditionally taken the view that protection of the autonomy principle is central to promoting the needs of trade and maintaining the integrity of the international banking community. Hence, this dissertation argues that an approach to the fraud exception in South African

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Alavi, Hamed. "Exceptions to the principle of independence in documentary letters of credits." Doctoral thesis, Universitat Autònoma de Barcelona, 2018. http://hdl.handle.net/10803/643306.

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El comercio internacional ha sido siempre un ámbito conflictivo. Cualquier persona puede aproximarse a él desde una perspectiva determinada. Sin embargo, es innegable que condiciona la vida diaria de todos nosotros. De ahí que se utilicen todo tipo de recursos humanos para desarrollarlo a nivel mundial. La cuestión normativa ha sido uno de los temas más debatidos en el comercio internacional, entre otros muchos, existiendo muchas discusiones entre prácticos del derecho, empresarios, gobiernos así como académicos. Las raíces del conflicto pueden encontrarse en la existencia de sistemas jurídico

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Soltmann, Wladimir. "Association de la norme technique à l'innovation. Étude de droit de la propriété intellectuelle et de droit de la concurrence." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30055.

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La norme technique exige parfois de lui associer des innovations faisant l’objet de droits privatifs, au bénéfice de la réalisation de sa mission. De prime abord, la propriété intellectuelle apparaît comme étant un élément perturbateur, impliquant désormais d’examiner l’ « économie » de la norme au moment de son élaboration et de son utilisation et non plus uniquement la technique. Pour éviter la corruption de la norme par des droits privatifs trop contraignants, les organismes de normalisation exigent que seuls les droits privatifs « essentiels » soient associés à la norme. Les critères de l’

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Books on the topic "Fraud Exception"

1

United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Border Security, and Claims. John Allen Muhammad, document fraud, and the Western Hemisphere passport exception: Hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, first session, May 13, 2003. U.S. G.P.O., 2003.

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Un universalisme si particulier: Féminisme et exception française (1980-2010). Syllepse, 2010.

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3

Charles, Proctor. Part D The Bank as Service Provider, 24 Bank Guarantees, Performance Bonds, and Documentary Credits. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199685585.003.0024.

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This chapter discusses the following: bank guarantees, performance bonds, documentary credits, security under a commercial credit, standby credits, the fraud exception; and certain private international law issues.

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US GOVERNMENT. John Allen Muhammad, Document Fraud, and the Western Hemisphere Passport Exception: Hearing Before the Subcommittee on Immigration, Border Security, a. Government Printing Office, 2003.

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Jacques, du Plessis. Ch.3 Validity, s.1: General provisions, Art.3.1.4. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0054.

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This commentary focuses on Article 3.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the mandatory character of the provisions of Chapter 3 of the PICC on fraud, threat, gross disparity and illegality. Art 3.1.4 essentially prohibits contractual exclusion of the provisions of Chapter 3 relating to the more ‘serious’ grounds for invalidity, namely fraud, gross disparity, and illegality. It is therefore an exception to Art 1.5, which generally permits exclusion or modification by the parties. The ‘provisions’ referred to in Art 3.1.4 presumably are those re

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Peter, Huber. Ch.3 Validity, s.2: Grounds for avoidance, Art.3.2.13. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0067.

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This commentary focuses on Article 3.2.13 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning partial avoidance of a contract. Art 3.2.13 requires that the ground of avoidance affect only individual terms of the contract. While this scenario is easily conceivable with regard to cases of mistake, fraud or gross disparity, it will only rarely happen that a threat can be limited to certain parts of the contract. Cases that satisfy this requirement generally fall into one of two categories. The first category consists of the ‘terms’ cases, while the second category c

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Commercial Bank vs. Wilmot and others: Judgment of His Honor Chief Justice Ritchie, delivered 9th March, 1866, overruling exceptions of the plaintiffs to the report of John M. Robinson, Esquire, barrister, under reference in the above cause, by decretal order, dated 30th September, 1862, and confirming such report. s.n.], 1986.

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8

Brower, Virgil W. Sigmund Freud. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474423632.003.0026.

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Can Freud be abandoned? Interrelations between sacer, ambivalence, exception, suspension, property, use and civil war around the origin of law are traces of Freud that manifest themselves throughout the development of Agamben’s thought. Most direct engagements are found in early texts,2 best articulated in Stanzas. Here is incipient indication of (a) Freud’s guilt by association with shortcomings of the sociology of religion (S 137).3 Agamben displays (b) lessons learned from Freud in terms of phantasm, fetishism and the unconscious (S 22–3, 31–3, 145–7; IH 48), but overall performs (c) critic

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Herring, Jonathan. Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811817.001.0001.

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This edition of Criminal Law: Text, Cases, and Materials offers an exceptional depth of analysis and a wealth of cases and materials all set within the theoretical context of criminal law. The two-part structure of each chapter in the book—the first part explaining the law as it is, the second examining the theoretical aspects—ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of the surrounding philosophical and ethical debates. The book looks at actus reus and mens rea, and strict liability, and also examines homicide, non-

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Herring, Jonathan. Criminal Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198848479.001.0001.

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This edition of Criminal Law: Text, Cases, and Materials offers an exceptional depth of analysis and a wealth of cases and materials all set within the theoretical context of criminal law. The two-part structure of each chapter in the book—the first part explaining the law as it is, the second examining the theoretical aspects—ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of the surrounding philosophical and ethical debates. The book looks at actus reus and mens rea, and strict liability, and also examines homicide, non-

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Book chapters on the topic "Fraud Exception"

1

Pejović, Časlav. "Documentary Fraud Under the UCP: Revisiting an ‘Exception from Exception’ Principle." In Perspectives in Law, Business and Innovation. Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-13-1080-5_2.

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Dănescu, Tatiana, Ionica Oncioiu, and Ioan Ovidiu Spătăcean. "Fraud Risk Management for Listed Companies' Financial Reporting." In Network Security and Its Impact on Business Strategy. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-8455-1.ch008.

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Using accurate and reliable financial information is the primary condition for successful investments on a stock exchange. Nevertheless, some major corporate scandals broke out at the 21st century horizon and concluded with a major capital market crisis in confidence. Recent events have proved that Romanian capital market is no exception. All these unfortunate scandals had in common some ingredients, among which are a poor corporate governance, a lack of accountability, and misrepresentation of financial information. This chapter relates to the need of integrity in financial reporting process, as the basis for adequate, reliable, and comprehensive information used in decision making by investors in general, institutional investors in particular. The main focus is to review the characteristics of financial information in order to identify some patterns and depict an overview for sensitive areas that may be vulnerable to fraudulent behavior, such as fair value measurements, related party transactions, revenue recognition, provisions, or asset impairment (inventories and receivables).

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Ormerod, David, and Karl Laird. "18. Theft." In Smith, Hogan, & Ormerod's Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198807094.003.0018.

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In English law, offences related to dishonesty are governed by the Theft Acts 1968 and 1978, the Theft (Amendment) Act 1996, and the Fraud Act 2006. These Acts are not a restatement of the common law and its numerous statutory additions but they do provide a code of the most important offences of dishonest dealing with the protection of property (with the notable exception of forgery and conspiracy to defraud). This chapter deals with the offence of theft. It offers a detailed review of the concept of dishonesty in light of the recent redefinition of that concept by the Supreme Court in Ivey v Genting Casinos.

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Ormerod, David, and Karl Laird. "18. Theft." In Smith, Hogan, and Ormerod's Criminal Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198849704.003.0018.

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In English law, offences related to dishonesty are governed by the Theft Acts 1968 and 1978, the Theft (Amendment) Act 1996 and the Fraud Act 2006. These Acts are not a restatement of the common law and its numerous statutory additions but they do provide a code of the most important offences of dishonest dealing with the protection of property (with the notable exception of forgery and conspiracy to defraud). This chapter deals with the offence of theft. It offers a detailed review of the concept of dishonesty in the light of the redefinition of that concept by the Supreme Court in Ivey v Genting Casinos and its acceptance in Barton.

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Nussbaum, Martha C. "The Morning and the Evening Star." In Power, Prose, and Purse. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190873455.003.0005.

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Freud said that Americans are immature because they channel their libido into moneymaking. In Babbitt (1922), Sinclair Lewis seems to agree. It is generally thought that his 1927 novel, Elmer Gantry, continues the critique, exposing American religiosity as itself fundamentally commercial. I argue that Lewis’s project is deeper and more complicated than the standard reading admits and that it derives ultimately from Dante’s idea of the aspirations and errors of love. (Dante is a favorite author of Lewis’s and figures in Babbitt as the one notable from the past who is conjured up in the Babbitts’ séance.) Novels that shock are often read crudely at first, and Lewis’s novels are no exception. I argue that Lewis ultimately agrees with Elmer’s sermon: love is indeed “the morning and the evening star.” As in Dante, so in Lewis: love can aspire, but it can also be deflected and stunted in many ways. Moneymaking is one form of stunting; excessive interest in sex is another (and a better one in Dante’s view, because it is closer to what really matters). And perhaps worst of all, it can be blinded by intellectual pride, a vice from which the agnostic novelist and former ministerial student was in no way free. The novel does criticize George Babbitt the avaricious, it does criticize Elmer Gantry the libidinous, but it reserves its deepest and saddest condemnation for the Lewis surrogate, Frank Shallard, who cannot find anything worthy of his love.

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