Principles Of Lender Liability
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Principles Of Lender Liability
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Author : Parker Hood
language : en
Publisher: OUP Oxford
Release Date : 2012-10-11
Principles Of Lender Liability written by Parker Hood and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-11 with Law categories.
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.
Lender Liability
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Author : James O'Donovan
language : en
Publisher: Sweet & Maxwell
Release Date : 2005
Lender Liability written by James O'Donovan and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
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.
Lender Liability Fifth Edition
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Author : A. Barry Cappello
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-06-01
Lender Liability Fifth Edition written by A. Barry Cappello and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-01 with Law categories.
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 Issues Under Superfund
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Author : United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund, Ocean, and Water Protection
language : en
Publisher:
Release Date : 1992
Lender Liability Issues Under Superfund written by United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund, Ocean, and Water Protection and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
Principles Of Banking Law
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Author : Ross Cranston
language : en
Publisher: Oxford University Press
Release Date : 2018
Principles Of Banking Law written by Ross Cranston and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Business & Economics categories.
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.
Wall Street And The Financial Crisis
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Author : United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Permanent Subcommittee on Investigations
language : en
Publisher:
Release Date : 2011
Wall Street And The Financial Crisis written by United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Permanent Subcommittee on Investigations and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Financial crises categories.
Transnational Fiduciary Law
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Author : Seth Davis
language : en
Publisher: Cambridge University Press
Release Date : 2024-02-08
Transnational Fiduciary Law written by Seth Davis and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-08 with Law categories.
Fiduciary law is important transnationally, particularly in the context of global capitalism. Fiduciary law's characteristic regard for others offers a response to the pursuit of unconstrained self-interest in business and government relations, potentially implicating the exercise of both private and public power. Stakeholders have invoked it not only to address traditional private law matters, but also to enjoin transnational corporations to respect human rights, to combat public corruption, and to constrain national governments to respect the rights of Indigenous Peoples. This book focuses on the processes through which conceptualizations of fiduciary relationships and fiduciary norms may (or may not) settle transnationally - or become unsettled - as actors invoke fiduciary norms to address problems in different domains, including across borders. It identifies complications and challenges of any transnational convergence of fiduciary norms that fiduciary theorists often elide. This book is also available as Open Access on Cambridge Core.
Consumer Credit Debt And Bankruptcy
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Author : Johanna Niemi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-07-15
Consumer Credit Debt And Bankruptcy written by Johanna Niemi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-15 with Law categories.
After a long period of prosperity and steady economic growth, the world's leading economies are now in crisis, and although there will be debate about its origins, the scale and seriousness of the crisis is in no doubt. There is also no doubt that excessive amounts of consumer credit, allied to a weak understanding of how globalised credit markets might react to a crisis, have played a significant part. This book, which is primarily about credit, debt and the trouble they have led to, is written by authors who have specialised in researching into over-indebtedness, that is, situations in which an individual's debt burden has become overwhelming. For these authors the plight of individuals is a primary concern, but the wider issue is how credit is used and how it changes societies. The essays in this volume, addressing topics which are fundamental to our understanding of the current crisis, range widely across the whole sector of consumer finance, including mortgages, 'credit-binges', the regulation of consumer lending, insolvency, repayment plans, debt counselling and much more besides. The conclusions drawn from the book are equally wide-ranging, but above all the lesson learned from these essays is that the financialisation of contemporary life ensures that issues of the appropriate role of credit remain of critical importance in society.
Policing The Banks
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Author : Maartje van Putten
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2008-11-20
Policing The Banks written by Maartje van Putten and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-20 with Political Science categories.
Describing how formerly secretive financial institutions have been slow to accept responsibility for the consequences of their investments - especially the problems that can result from projects in developing countries - she shows that financing institutions can cause significant social and environmental damage and argues that new accountability mechanisms are necessary to reduce or prevent such damage. Because such institutions operate on a global scale, only semi-judicial accounting mechanisms can provide the necessary accountability. It is time for the private financial sector to follow multilateral financial institutions in creating independent mechanisms, mediation procedures, and access to decision makers for people harmed or potentially harmed by projects financed by their institutions.
International Organizations In Global Environmental Governance
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Author : Frank Biermann
language : en
Publisher: Routledge
Release Date : 2009-01-28
International Organizations In Global Environmental Governance written by Frank Biermann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-28 with Business & Economics categories.
Provides a comparative study of the role of international organizations in environmental governance and features case studies on the World Bank; OECD; the UN Environment Programme and secretariats to environmental treaties; and hybrid organizations.