By Parker Hood

Description

• Fills a gap for a UK work on the topic of lender liability
• Covers key situations in which banks could incur liability, ranging from confidentiality and advice on transactions, to fraud and wrongful trading
• Offers a practical consideration of central issues and underlying principles

This new work provides a detailed analysis of the law of bank liability. Covering the central issues and underlying legal principles, the book outlines liability in negligence and contract, with specific reference to the banking practice and existing case law concerning banks in this field.

The book begins with a consideration of the nature of the general banker-customer relationship, the obligations it poses and the issues relating to the commencement of the banking relationship. The following chapters address the various activities undertaken by a lender and the issues which might arise; the duty of confidentiality, lenders as fiduciaries, the lenders duty to advise borrowers on the imprudence of transactions, fraud, banks as constructive trustees and damages for breach of contract by a lender, will all be considered.

The final chapters explore the duties of security holders and mortgagees of land, the liability of lenders for receivers they appoint, environmental liability and lender liability as shadow directors concerning wrongful trading.

Readership: Legal practitioners (in private practice and in-house) dealing with banking law; law libraries.

Contents
1. Introduction and Overview - what is Lender Liability?

2. Lender Liability Arising out of Banker-Customer Relationship

3. Lender Liability for Breach of Confidence

4. Lenders as Fiduciaries

5. Liability for Failing to Advise or Warn about a Transaction

6. Bank Liability for Negligence

7. Intentional Delicts/Torts

8. Banks as Constructive Trustees under English Law

9. Recovery of Money in Breach of Trust and Liability for Assistance in Fraud under Scots Law

10. Damages for Breach of Contract by a Lender

11. The Duties of a Standard Security Holder and a Legal Mortgage of Land

12. Liability of Lenders for the Acts of Receivers they Appoint

13. Environmental Liability of Lenders

14. Wrongful Trading - Liability of Lenders as Shadow Directors

15. Conclusion
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Authors, editors, and contributors

Parker Hood, Solicitor (non-practising) and Lecturer in Law, University of Edinburgh

Published Year: 2009 Format: Hard Back ISBN: 978-0-19-829903-5 Publisher: Oxford University Press No of Pages: 480 Our Price: £ 145.00 Reviews: 0 reivew(s).

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