A Bank's Duty of Care PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download A Bank's Duty of Care PDF full book. Access full book title A Bank's Duty of Care by Danny Busch. Download full books in PDF and EPUB format.
Author: Danny Busch
Publisher: Bloomsbury Publishing
ISBN: 1509912614
Category : Law
Languages : en
Pages : 450
Get Book Here
Book Description
In recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank's duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective.
Author: Danny Busch
Publisher: Bloomsbury Publishing
ISBN: 1509912614
Category : Law
Languages : en
Pages : 450
Get Book Here
Book Description
In recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank's duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective.
Author: Julie Andersen Hill
Publisher:
ISBN:
Category :
Languages : en
Pages : 47
Get Book Here
Book Description
In the aftermath of the 2008 financial crisis, the Federal Deposit Insurance Corporation (FDIC) brought numerous lawsuits against directors and officers of failed banks asserting that they had breached their fiduciary duty of care. Under state corporate law, duty of care claims arise in different contexts, and courts often apply different standards of liability depending upon the context of the claim. In the banking setting, the standard of liability for breach of the duty of care is governed by the federal statute FIRREA and the Supreme Court's decision in Atherton v. FDIC. In Atherton, the Court held that FIRREA allows the FDIC to sue directors and officers of failed banks under either a federal gross negligence standard or any applicable state law standard that imposes liability for less culpable conduct.This Article integrates the academic literature on the duty of care in the general corporate setting with the literature on the duty of care in the banking setting. After discussing how duty of care claims are treated in each setting, the Article makes four primary assertions.First, just as duty of care actions under state corporate law arise in different contexts, so too do duty of care actions in the banking setting.Second, because the standard of liability can vary depending upon the context, it is often a misleading oversimplification to frame the banker liability debate in any particular jurisdiction as a binary choice between negligence and gross negligence.Third, because duty of care liability is more nuanced than negligence versus gross negligence, the application of FIRREA and Atherton to duty of care claims in the banking setting is more complicated than commentators have appreciated.Finally, FDIC guidelines that ignore context and suggest a nationwide standard of liability are inaccurate. The FDIC should update its guidelines to accurately reflect both the law and the FDIC's litigation practices.
Author: Anis A. Houssein
Publisher:
ISBN:
Category : Banks and banking
Languages : en
Pages : 60
Get Book Here
Book Description
Author: Sandra Booysen
Publisher: Cambridge University Press
ISBN: 1107145147
Category : Business & Economics
Languages : en
Pages : 431
Get Book Here
Book Description
An insight into bank secrecy in major jurisdictions, complemented by chapters on privacy, data protection, conflict of laws and exchange of information.
Author: Douglas K. Moll
Publisher:
ISBN: 9781663351272
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Author: David Warne
Publisher: Sweet & Maxwell
ISBN: 9780421883000
Category : Law
Languages : en
Pages : 586
Get Book Here
Book Description
Guides practitioners through a range of issues relevant to banking litigation. This book covers the major areas of potential conflict, from disputes with domestic customers to those arising from global custodianship and international banking. It helps minimise risk, by explaining the correct procedures to follow
Author: William Blair
Publisher: Taylor & Francis
ISBN: 1000286444
Category : Law
Languages : en
Pages : 565
Get Book Here
Book Description
Banks, Liability and Risk, 3rd Edition, is a probing look at the risks faced by banks and other lending institutions, showing problems typically faced by these institutions and highlighting the legal remedies available, with copious references to case law and precedents. The nature of the risks and liabilities which banks are exposed to are continually changing. This new edition has been completely revised to incorporate these changes, so that you can provide your clients and colleagues with the most up-to-date advice.
Author: Evan J. Criddle
Publisher: Oxford University Press
ISBN: 0190634111
Category : Law
Languages : en
Pages : 912
Get Book Here
Book Description
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
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.
Author: Rumana Islam
Publisher:
ISBN:
Category :
Languages : en
Pages : 14
Get Book Here
Book Description
The relation between a bank and its customers (i.e. its account holders) is regulated by variety of sources including the contract between the parties, legislation, relevant banking practices and common law principles. The very basis of such relation dictates that the bank must in all circumstances maintain the secrecy of all the information that it gathers from the customer regarding his bank account with the bank. There are certain exceptions prescribed by law when such duty of confidentiality does not apply. Apart from these exceptions, there are also circumstances when a bank is requested to disclose certain information regarding its customers' account by a third party. For example, when it is requested to provide a banker's reference as to enquire the creditworthiness of the customer. It was a long established principle of common law jurisdiction that a customer is bound by the banking practices of its banker, which allows the bank to provide a banker's reference to a third party on the ground that the customer has given an implied consent to that effect. This was overruled by the English courts which confirmed that no “implied consent” theory is applicable in the disclosure of any information of a customer to a third party. Further statutory restrictions have been imposed which require a written permission from the customer to disclose any information to a third party. This article examines the current state of common law on this duty of confidentiality of the banker and how it negatively effects the whole purpose of banks duty to provide banker's reference which serve a useful commercial purpose with particular emphasis on the leading English cases in this matter.
