scholarly journals Fraud in Letters of Credit under English Law: Issues and Cases (the Three Dimensions)

2021 ◽  
Author(s):  
Zaid Aladwan
Keyword(s):  
Three Dimensions ◽  
Third Party ◽  
Credit System ◽  
The Third ◽  
The Status ◽  
English Law ◽  
Fraud Exception ◽  
Letters Of Credit ◽  
The Third Party ◽  
Evidence Requirement

According to many cases, it has been demonstrated that sellers with bad intentions have manipulated letters of credit system in many ways, including fraud. Thus, many legal jurisdictions have recognized the fraud exception rule. In order to apply such exception, some conditions must be met. Among these conditions, the bank’s knowledge and a requirement of a clear evidence. Notably, the bank’s knowledge is crucial, meaning that the establishment of the sole exception will depend upon the status of the bank’s knowledge. Meaning that if the bank is aware of existing fraud, it is under a duty to refuse presentation. Otherwise, it should not. In turn, the establishment of clear evidence by the English courts is somewhat hard to achieve, consequently, such condition criticized often. Further, if the beneficiary himself commits the fraud, or has knowledge of the fraud, then the fraud exception rule will apply.1 This raises the question of whether the fraud exception should also bite where the fraud is committed by a third party but without the beneficiary’s knowledge. From these facts, this chapter will try to analysis the status of the bank’s knowledge and the hardship related to the clear evidence requirement in conjunction with the third-party fraud.

Contracts for the Benefit of Third Parties: The Singapore Law Perspectives

2018 ◽  
Author(s):  
ONG Burton
Keyword(s):  
Common Law ◽  
Contract Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
The Status ◽  
The Common ◽  
English Law ◽  
The Third Party ◽  
Privity Of Contract

Singapore’s contract law framework, in the context of third party beneficiaries, has stayed faithful to the approach taken under English law. The common law in Singapore has adopted the privity of contract rule, various common law exceptions to the rule, and a statutory regime to empower third parties to enforce contractual terms in prescribed circumstances. The privity rule confines the benefits and burdens under a contract to the contract parties; only they have given consideration and only they can sue and be sued under it. However, various reasons support the third party beneficiary having some right to enforce that benefit and a range of common law mechanisms have been recognized by the courts to allow the third party to do this. Some are true exceptions, others operate by recharacterizing the status of the third party into that of a primary party, thereby eliminating the lack of privity. In cases where the third party may potentially be able to sue the promisor in tort, the basis for loosening the privity doctrine to permit the third party to sue the promisor in contract, and the character of the damages recoverable from the party in breach, requires closer scrutiny.

1. Introduction to Property and Land

2019 ◽  
pp. 1-27
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
English Law ◽  
The Third Party ◽  
The Right ◽  
Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

scholarly journals YAKIV ORENSTEIN: AN EXPATRIATED UKRAINOPHIL FROM GALICIA

2019 ◽  
Vol 6 (2) ◽  
pp. 28-36
Author(s):  
IVAN MONOLATII
Keyword(s):  
Third Party ◽  
Mutual Understanding ◽  
The West ◽  
The Third ◽  
The Status ◽  
The Third Party ◽  
The Difference ◽  
To Come ◽  
Scalene Triangle

Ukrainian-Jewish relations in Galicia between the two World Wars were the reflection of the difference in the status of the two nations. The sides failed to come to mutual understanding, the basis for which was provided by the policy of the West Ukrainian People’s Republic / the Western Oblast of the Ukrainian People’s Republic. Taking into account the involvement of the third party, the Polish state, the situation can be described as an interethnic scalene triangle. One of the active figures in this complicated interaction was Yakiv Orenstein (1875–1942), Jewish publisher from Kolomyia, symbolic ‘Ukrainian’, follower of the faith of Moses. His life and work in Galicia in the interwar years is a personalized example of publicly declared pro-Polishness and actual Ukrainophilia.

Contracts for the Benefit of Third Parties: Hong Kong

2018 ◽  
Author(s):  
Lee Mason
Keyword(s):  
Hong Kong ◽  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
Strict Adherence ◽  
The Third ◽  
English Law ◽  
The Law ◽  
The Third Party ◽  
Contractual Rights

This chapter analyses the law on third party beneficiaries in Hong Kong long characterized by strict adherence to the traditional common law doctrine of privity. The law relating to third party rights was only reformed by way of Ordinance in 2016, along the lines of the statutory reform of English law in 1999. A small number of specifically enumerated types of contract are excluded from the scope of the Ordinance; other contracts may be concluded to confer enforceable contractual rights on third parties. Whether a third party may enforce a term of a contract depends on the interpretation of the contract: if the third party right was not expressly conferred there is a presumption that the conferral was intended; but this can be rebutted if the parties made it clear that they did not intend it to be enforceable. The third party must be identified by name, as a member of a class, or answering a particular description and may claim the same remedies for breach as a party to the contract.

LEGAL STATUS OF THIRD PARTIES TO A CONTRACT IN ENGLISH LAW

2016 ◽  
Vol 4 (1) ◽  
pp. 47-53
Author(s):  
Алексей Чурилов ◽  
Aleksei Churilov
Keyword(s):  
Special Interest ◽  
Legal Status ◽  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
English Law ◽  
The Third Party

This article covers basics of the legal status of third parties in English common law, in particular, from the established in 1861 socalled privity rule viewpoint. The author explains some of developed by court exceptions, which established a possibility to enforce contract by a third party, and a possibility to recover damages by the third party. Contracts (Rights of Third Parties) Act 1999 is of special interest.

From Rabbi Yosef Syracusty to Rabbi Nissi al-Nahrawani

2021 ◽  
pp. 141-206
Author(s):  
Daniel Roth
Keyword(s):  
Early Modern ◽  
Social Status ◽  
Third Party ◽  
Rabbinic Literature ◽  
Jewish Law ◽  
The Third ◽  
The Status ◽  
The Third Party ◽  
Historical Accounts ◽  
High Social Status

This chapter presents eight historical accounts and stories of rabbis or a group of rabbis who served as third-party peacemakers in medieval and early-modern rabbinic literature. The chapter is divided into three subsections based on the status and degree of success of the third party. The first section focuses on successful third-party rabbinic peacemakers with high social status, the second on unsuccessful rabbinic peacemakers who possessed less social status, and the third explores exceptions to this assertion. The chapter also includes a discussion about the responsibility of the rabbi to serve as a peacemaker or mediator in Jewish law and tradition.

Forum Non-Conveniens Discretion in Third Party Proceedings

2002 ◽  
Vol 51 (1) ◽  
pp. 127-134 ◽  
Author(s):  
Koji Takahashi
Keyword(s):  
Civil Liability ◽  
Civil Procedure ◽  
Third Party ◽  
Legal Systems ◽  
The Third ◽  
Forum Non Conveniens ◽  
English Law ◽  
The Third Party

Third party procedure has the merits of saving time and expenses and of preventing inconsistent decisions through eliminating the duplication of proceedings. Because of these procedural merits, third party proceedings (called ‘Part 20 proceedings’1 in the Civil Procedure Rules 1998 (CPR)) are often instituted to bring a claim for contribution. In English law, contribution claims are allowed under the Civil Liability (Contribution) Act 1978 (hereafter the 1978 Act) between wrongdoers such as tortfeasors and defaulters in contracts. Not all legal systems allow contribution claims in such wide circumstances. A third party claim form (called a ‘Part 20 claim form’ in the CPR) may be served out of the jurisdiction under the CPR Rule 6.20(3 A),2 which provides for a special base of jurisdiction for third party proceedings in the case where the third party is a ‘necessary or proper party’ to the claim against the Part 20 claimant. The service is, however, subject to the permission of the court which will not be given unless England is judged to be clearly the most appropriate forum under the forum conveniens discretion.

Resolving tension from the third-party forgiveness effect

2014 ◽  
Author(s):  
Jaclyn M. Moloney ◽  
Chelsea A. Reid ◽  
Jody L. Davis ◽  
Jeni L. Burnette ◽  
Jeffrey D. Green
Keyword(s):  
Third Party ◽  
The Third ◽  
The Third Party
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