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Providing a single point of reference, this book covers situations in which banks can incur liability, giving a practical consideration of the central issues and as well as the underlying general principles. It addresses liability in negligence and contract from an English law perspective, with reference to Scottish and Commonwealth law.
This comprehensive 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. It provides individuals and companies with valuable guidance when assessing the risks in their relationship with banks, and vice versa. The following chapters allow all parties to consider carefully the central issues and underlying general principles that might arise by addressing the various activities undertaken by a lender. The duty of confidentiality, lenders as fiduciaries, the lender's duty to advise borrowers on the imprudence of transactions as well as fraud, and banks as constructive trustees and damages for breach of contract by a lender are all 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. The book outlines liability in negligence and contract, with specific reference to existing case law concerning banks in this field from an English law perspective, and also Scottish and Commonwealth law, thus providing valuable applicability to the banking context for practitioners in other fields.
This comprehensive 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. It provides individuals and companies with valuable guidance when assessing the risks in their relationship with banks, and vice versa. The following chapters allow all parties to consider carefully the central issues and underlying general principles that might arise by addressing the various activities undertaken by a lender. The duty of confidentiality, lenders as fiduciaries, the lend.
This third edition of the Principles of Banking Law provides an authoritative treatment of both domestic and international banking law. This edition contains expanded coverage of developments in other comparable jurisdictions, internet banking services and money laundering.
Addresses the liability and risk issues that arise at each successive stage of the relationship between lenders and borrowers or guarantors. This work adopts a practical, transaction-based approach, examining the different stages of the relationship in turn and the legal issues that arise along the way. It also gives guidance on breach of loans.
The text and images in this book are in grayscale. A hardback color version is available. Search for ISBN 9781680922929. Principles of Accounting is designed to meet the scope and sequence requirements of a two-semester accounting course that covers the fundamentals of financial and managerial accounting. This book is specifically designed to appeal to both accounting and non-accounting majors, exposing students to the core concepts of accounting in familiar ways to build a strong foundation that can be applied across business fields. Each chapter opens with a relatable real-life scenario for today's college student. Thoughtfully designed examples are presented throughout each chapter, allowing students to build on emerging accounting knowledge. Concepts are further reinforced through applicable connections to more detailed business processes. Students are immersed in the "why" as well as the "how" aspects of accounting in order to reinforce concepts and promote comprehension over rote memorization.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The global financial crisis (GFC) has renewed interest in emergency liquidity support (sometimes referred to as “Lender of Last Resort”) provided by central banks to financial institutions and challenged the traditional way of conducting these operations. Despite a vast literature on the topic, central bank approaches and practices vary considerably. In this paper we focus on, for the most part, the provision of idiosyncratic support, approaching it from an operational perspective; highlighting different approaches adopted by central banks; and also identifying some of the issues that arose during the GFC.