Author : Zaid Aladwan
Release : 2018
Genre : Electronic books
Kind : eBook
Book Rating : /5 ( reviews)
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Book Synopsis Fraud in Letters of Credit Under English Law by : Zaid Aladwan
Download or read book Fraud in Letters of Credit Under English Law written by Zaid Aladwan. This book was released on 2018. Available in PDF, EPUB and Kindle. Book excerpt: 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,Äôs knowledge and a requirement of a clear evidence. Notably, the bank,Äôs knowledge is crucial, meaning that the establishment of the sole exception will depend upon the status of the bank,Äôs 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,Äôs knowledge. From these facts, this chapter will try to analysis the status of the bank,Äôs knowledge and the hardship related to the clear evidence requirement in conjunction with the third-party fraud.