Lender Liability - PDF

Addressing the lender liability issues that arise at all stages in the lender-borrower relationship, from advertising financial services through to bankruptcy and liquidation, this book takes a transactional approach in order to make the vast array of legal principles more accessible to readers. 

Drawing upon legal principles, statute law and case law from many sources, the book provides an understanding of the risks involved in lending and borrowing, as well as the responsibilities and rights of lenders and consumers. 

Contents. Contours and theories of lender liability. Lender liability arising out of advertising financial services. Lender liability arising out of a breach of the duty of confidentiality. Lender liability for investment or financial services. Lender liability arising out of formation of the loan contract and collateral securities. Lender liability for breach of loan commitments. 

Lender liability in syndicated loans. Lender liability for mistaken receipts and misdirected funds at law. Lender liability for misdirected funds in equity. Lender liability for fraudulent and voidable dispositions. Lender liability for honest intermeddling as de facto directors and shadow directors. Lender liability for knowing or dishonest participation in breaches of fiduciary obligations. Lender liability arising from the enforcement of securities or the exercise of other remedies. Lender liability for environmental damage. Lender liability under the Consumer Credit Code. Lender liability: Prevention and cure.