Lender Liability

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Sweet & Maxwell, 2005 - Financial institutions - 675 pages
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"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 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.
 

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Contents

Preface
ix
Table of Cases
xi
Table of Statutes Ixxix
lxxix
Contours and Theories of Lender Liability
1
Lender Liability Arising out of Advertising Financial Services
70
Lender Liability Arising out of a Breach of the Duty of Confidentiality
83
Lender Liability for Investment or Financial Services
192
Lender Liability Arising out of Formation of the Loan Contract and Collateral Securities
247
Lender Liability at Law for Mistaken Receipts and Misdirected Funds
385
Lender Liability in Equity for Misdirected Funds
422
Lender Liability for Fraudulent and Voidable Dispositions
457
Lender Liability for Honest Intermeddling as De Facto Directors and Shadow Directors
483
Lender Liability for Participation in Dishonest or Criminal Behaviour
505
Lender Liability Arising out of the Enforcement of Securities or the Exercise of Other Remedies
526
Lender Liability for Environmental Damage
598
Prevention and Cure
628

Lender Liability for Breach of Loan Commitments
305
Lender Liability in Syndicated Loans
358

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