Principles of Lender Liability

Hardcover | December 4, 2012

byParker Hood

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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 mightarise; the duty of confidentiality, lenders as fiduciaries, the lender's 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.

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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 n...

Parker Hood is a non-practising solicitor and a lecturer at the Edinburgh Law School.
Format:HardcoverDimensions:480 pages, 9.69 × 6.73 × 0.98 inPublished:December 4, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198299036

ISBN - 13:9780198299035

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Table of Contents

1. Introduction and Overview - what is 'Lender Liability'?2. Lender Liability Arising out of Banker-Customer Relationship3. Lender Liability for Breach of Confidence4. Lenders as Fiduciaries5. Liability for Failing to Advise or Warn about a Transaction6. Bank Liability for Negligence7. Intentional Delicts/Torts8. Banks as Constructive Trustees under English Law9. Recovery of Money in Breach of Trust and Liability for Assistance in Fraud under Scots Law10. Damages for Breach of Contract by a Lender11. The Duties of a Standard Security Holder and a Legal Mortgage of Land12. Liability of Lenders for the Acts of Receivers they Appoint13. Environmental Liability of Lenders14. Wrongful Trading - Liability of Lenders as Shadow Directors15. Conclusion