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Description of Lender Liability

Lender Liability addresses the liability and risk issues that arise at each successive stage of the relationship between lenders and borrowers or guarantors. It adopts a practical, transaction-based approach, examining the different stages of the relationship in turn and the legal issues that arise along the way.
Based on an acclaimed Australian text, it has been completely revised for a UK readership, incorporating all relevant UK caselaw. The inclusion of cases and analysis from other jurisdictions provides insights not available from UK cases alone.
- Stage-by-stage approach makes it easy to identify relevant issues
- Highly practical, presenting possible solutions to the problems discussed
- Gives expert guidance on the vital area of breach of loans
- Deals with issues arising from the bank's duty of confidentiality
- Provides detailed analysis of lender liability for environmental damage, in response to voluminous literature in the United States
- Examines solutions to disputes, with a section on litigation and alternative dispute resolution

Title Information

ISBN:

9780421885806

Format:

Hardback

Product Code:

23030

Publisher:

Sweet & Maxwell

Published:

23/11/2005

Edition:

1st Edition

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Contents of Lender Liability

Contours and theories of lender liability

Lender liability arising from: advertising financial services
breach of the duty of confidentiality
investment and financial services
the formation of the loan contract and collateral securities; syndicated loans
mistaken receipts and misapplied funds at law
fraudulent and voidable dispositions
honest inter-meddling as de facto directors and shadows directors
knowing or dishonest participation in breaches of fiduciary obligations
enforcement of securities or the exercise of other remedies
environmental damage

Lender liability: prevention and cure