haku: @indexterm law / yhteensä: 802
viite: 292 / 802
| Tekijä: | Bryan, M. |
| Otsikko: | When does a bank receive money? |
| Lehti: | Journal of Business Law
1996 : MAR, 2, p. 165-176 |
| Asiasana: | BANKING MONEY LAW |
| Kieli: | eng |
| Tiivistelmä: | One consequence of the growth in commercial fraud is that the victims are increasingly turning to equitable liability as a principal means of civil recovery. When dishonest fiduciaries are insolvent, banks are often sued as constructive trustees for having "knowingly received" the proceeds of fraud. While most attention has focused on the meaning of "knowledge" for the purposes of this head of liability, the article argues that the meaning of "receipt" remains obscure especially when banks use the proceeds to reduce overdrafts or as part of an exchange transaction. |
SCIMA