Principles of Lender Liability

Principles of Lender Liability
Author: Parker Hood
Publisher: OUP Oxford
Total Pages: 750
Release: 2012-10-11
Genre: Law
ISBN: 0191630950

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.

The Law of Lender Liability

The Law of Lender Liability
Author: Jessica Gabel
Publisher:
Total Pages:
Release:
Genre: Electronic books
ISBN: 9780769880266

Law of lender liability provides a comprehensive explanation of the major legal issues that arise between lenders and borrowers at the various stages of the loan relationship. It also provides practical guidance for developing and implementing protective measures at every stage of the life of the loan. This practical volume covers: Developments regarding federal pre-emption of state banking laws; Federal agency warnings, guidance and advisories to financial institutions concerning new types of financial products; Cases exploring the outer reaches of guarantory liability; Punitive damages decisions in the appellate courts; Challenges to arbitration clauses; Court responses to lawsuits alleging breach of the lender's fiduciary duties; Statutes and cases breaking new ground on privacy rights.

Lender Liability - Fifth Edition

Lender Liability - Fifth Edition
Author: A. Barry Cappello
Publisher: Juris Publishing, Inc.
Total Pages: 944
Release: 2014-06-01
Genre: Law
ISBN: 1578233437

Lender Liability - Fifth Edition is the leading one-volume work on the subject. This area of the law has grown and matured significantly over the years and is now recognized as a distinct body of law that is the basis of thousands of lawsuits filed over the last decade. Written for both lenders' and borrowers' attorneys, Lender Liability discusses the basics and more advanced issues relating to lender liability. Topics include 1) an extended analysis of where and how lender liability problems arise, 2) common law and statutory theories of liability, 3) bankruptcy concerns and 4) lawsuits against failing or failed financial institutions. A sample complaint, request for production of documents, interrogatories and jury instructions are included on CD for easy use. The work also includes as well tables of state and federal cases and statutes, rules and regulations. This brand new edition has been completely revised, reorganized and updated. It conforms now to the evolution and maturity of Lender Liability as an accepted, cited and well litigated area of commercial and consumer litigation. "Lender Liability" as a body of law has evolved from traditional contract and tort theories, to include causes of action based in the Uniform Commercial Code; including the covenant of good faith and fair dealing. This handy reference work is ideal for either the experienced practitioner or the neophyte involved in representing an institution or client whose interests involve bank liability.

Lender Liability and Banking Litigation

Lender Liability and Banking Litigation
Author: Edward F. Mannino
Publisher: Law Journal Press
Total Pages: 1056
Release: 2023-10-28
Genre: Law
ISBN: 9781588520500

This book analyzes theories of liability and provides in-depth discussion of: RICO; planning, budgeting and monitoring banking & lender litigation from the perspective of inside counsel and more.

Lender Liability

Lender Liability
Author: James O'Donovan
Publisher: Sweet & Maxwell
Total Pages: 776
Release: 2005
Genre: Law
ISBN: 9780421885806

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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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.

Principles of Lender Liability

Principles of Lender Liability
Author: Parker Hood
Publisher: Oxford University Press
Total Pages: 750
Release: 2012-10-11
Genre: Business & Economics
ISBN: 0198299036

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.

Lender Liability Under Superfund

Lender Liability Under Superfund
Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Transportation and Hazardous Materials
Publisher:
Total Pages: 288
Release: 1990
Genre: Foreclosure
ISBN:

Lender Liability Issues Under Superfund

Lender Liability Issues Under Superfund
Author: United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund, Ocean, and Water Protection
Publisher:
Total Pages: 312
Release: 1992
Genre: Law
ISBN: