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Author:
Publisher:
ISBN:
Category : Legal briefs
Languages : en
Pages : 170
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Book Description
Author:
Publisher:
ISBN:
Category : Legal briefs
Languages : en
Pages : 44
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Book Description
Author:
Publisher:
ISBN:
Category : Legal briefs
Languages : en
Pages : 170
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Book Description
Author:
Publisher:
ISBN:
Category : Legal briefs
Languages : en
Pages : 58
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Book Description
Author: Elise Bant
Publisher: Edward Elgar Publishing
ISBN: 1788114264
Category : Law
Languages : en
Pages : 544
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Book Description
This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.
Author: C Mitchell
Publisher: A&C Black
ISBN: 1782251375
Category : Law
Languages : en
Pages : 500
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Book Description
The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.
Author: United States. Office of the Comptroller of the Currency
Publisher:
ISBN:
Category : Banks and banking
Languages : en
Pages : 536
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Book Description
Author: Ross Cranston
Publisher: Oxford University Press
ISBN: 0199276080
Category : Business & Economics
Languages : en
Pages : 633
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Book Description
This third edition of the Principles of Banking Law provides an authoritative treatment of both domestic and international banking law. This edition contains expanded coverage of developments in other comparable jurisdictions, internet banking services and money laundering.
Author: Jean Lewis Malor
Publisher:
ISBN:
Category : Annotations and citations (Law)
Languages : en
Pages : 484
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Book Description
Author: United States. Office of the Comptroller of the Currency
Publisher:
ISBN:
Category : Advisory opinions
Languages : en
Pages : 698
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Book Description
Author: Ramandeep Kaur Chhina
Publisher: Kluwer Law International B.V.
ISBN: 9041146245
Category : Law
Languages : en
Pages : 256
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Book Description
The question of what constitutes ‘fraud in the transaction’ with respect to international letters of credit varies considerably among jurisdictions. In proving allegations of fraud, it is crucial for the practitioner to know the relevant jurisdiction’s case law, especially if wider defences such as inducement, unconscionable conduct or bad faith must be invoked. In this book, the author argues that, whereas ‘fraud in the documents’ is generally sufficient in cases involving commercial letters of credit, standby letters of credit demand a wider fraud exception. The central issue – how wide that fraud exception should be – is what this book explores in depth.This author compares and critically examines the application of the fraud exception in four major trade jurisdictions – the United States, England, Canada, and Australia. With an overall focus on how each jurisdiction’s fraud tests treat the autonomy of standby letters of credit, she builds her arguments on such relevant sources and concepts as the following: when it can be shown that the beneficiary has ‘no bona fide belief’ in the validity of its claim demand guarantees; international initiatives (ICC Rules and the UN Convention on Independent Guarantee and Standby Letters of Credit); the Sztejn Rule; parameters of the ‘fraud in the transaction’ defence ‘materiality’ standard; prerequisites for injunctive relief; arguing ‘fraud in the formation of the contract’; performance bond cases; applying the ‘breach of good faith’ defence; ‘negative stipulation’ in the underlying contract; and equitable versus statutory/broader notion of unconscionability. The presentation includes detailed summaries and analyses of leading cases in all four jurisdictions. Lawyers and corporate counsel responsible for arguing claims or defences in letter of credit transactions will welcome the way the author's research and insight define the range of options in each case they handle. Academics also will appreciate the systematic way the book frames a complex area of international trade law.