This book focuses on contemporary problems related to fraud and risk in commercial law. It has been said by some that we are in a 'golden age of fraud'. In part this has been caused by globalisation, technological changes and the financialisation of business. This has resulted in the creation of automated linkages with integrated supply chains and the creation of systemic risks, which have been exacerbated by new forms of intangible assets like tokens and their ease of movement. While regulation has ebbed and flowed given the desire of governments to generate economic growth, as well as the distrust of their coercive powers, the courts have sought to strike a balance between considerations such as commercial certainty and fairness. The book provides an analysis of key contemporary issues on the theme of fraud and risk in commercial law, including: technology and fraud, secondary liability and 'failure to prevent' economic crime, abuse of business entities, insolvency and creditor protection, injunctions and other orders, cross-border issues, the relationship between regulation and private law, and solutions for policy makers.

This book focuses on contemporary problems related to fraud and risk in commercial law. It has been said by some that we are in a 'golden age of fraud'. In part this has been caused by globalisation, technological changes and the financialisation of business. This has resulted in the creation of automated linkages with integrated supply chains and the creation of systemic risks, which have been exacerbated by new forms of intangible assets like tokens and their ease of movement. While regulation has ebbed and flowed given the desire of governments to generate economic growth, as well as the distrust of their coercive powers, the courts have sought to strike a balance between considerations such as commercial certainty and fairness. The book provides an analysis of key contemporary issues on the theme of fraud and risk in commercial law, including: technology and fraud, secondary liability and 'failure to prevent' economic crime, abuse of business entities, insolvency and creditor protection, injunctions and other orders, cross-border issues, the relationship between regulation and private law, and solutions for policy makers.

Clear, lucid, and extremely accessible, Problems and Materials on Commercial Law helps students understand black letter law and the statutory language in the Uniform Commercial Code. Concise yet comprehensive coverage includes the most recent case and statutory developments in all fundamental areas of Commercial Law, including sales, payment systems, and secured transactions. A sensible, flexible organization follows the order of UCC Articles 2, 3, 4, and 9, and is adaptable to many teaching styles. Drawing on experience in both teaching and writing, the authors provide thorough and practical coverage using a popular problems approach. The text’s effective format, manageable length, and inclusion of the most important cases make Problems and Materials on Commercial Law concise and efficient. New to the Twelfth Edition: New/expanded Problems throughout Updates on the fundamental areas of commercial law Sales: New cases in most chapters examining hot topics Expanded discussion of boilerplate clauses Updated discussion of Restatement 3d changes to strict product liability standards Examines whether Amazon is a seller of products or merely a distributor Payment: Updated rules on check imaging and collection are covered in some detail New cases, including DZ Bank AG Deutche Zentral-Genossenschaftsbank v. McCranie; Majestic Building Maintenance, Inc. v. Huntington Bancshares Inc.; Wesseling v. Brackmann; Auto Sision, Inc. v. Wells Fargo; Peter E. Shapiro P.A. v. Wells Fargo Bank, N.A.; Knop v. Knop; and Cheatham I.R.A. v. Huntington National Bank Discussion of problems with accepting cashiers checks as payment Expanded coverage of electronic payment issues, such as duplicate deposit by phone and errors in wire transfers Secured Transactions: New cases, including Clark v. Missouri Lottery; BMW Financial Services, N.A. v. Felice; In re: Motors Liquidation Co.; Dr. Sena Yaddehige v. Xpert Technologies; and Hutzenbiler v. RJC Investment New materials on such issues as consignments of artworks; leases distinguished from secured sales; Bitcoin as collateral; credit card receivables as accounts; name errors in financing statements; effectiveness of collateral descriptions; online filing of financing statements; bogus UCC filings; whether manufacturing robots are fixtures; certificate of title goods; and predatory auto lending practices Professors and student will benefit from: Effective format that makes black letter law accessible and helps students understand statutory language Sensible organization that is adaptable to many teaching styles Thorough and up-to-date—covers the latest changes in (and cases relating to) U.C.C. Articles 2, 3, 4, and 9, as well as other relevant laws and cases Popular problems-based approach Distinguished authorship—draws on experience in both teaching and writing Manageable length Concise and lucid text The most important cases related to commercial law

"Dr. Gao finds the best provisions and practices in respect of the fraud rule in the United States, the United Kingdom, Canada, and Australia, and applies these standards to the reformulation of the fraud rule in the PRC. In the process be surveys the entire field of the fraud rule in the law of letters of credit in its substantive aspects, thus going deeper than mere banking law analyses and revealing, for the benefit of jurists everywhere, the fundamental legal issues that must underlie all sound judicial reasoning in the area. In more practical terms, this approach also allows judges to meet their essential responsibility - that of giving an answer when a case is put before them - with the widest and best possible degree of discernment."--BOOK JACKET.