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.
1.225 McHugh ( Felix ) v Union Bank of Canada ( No.2 ) ; McHugh ( Thomas ) v Union Bank of Canada [ 1913 ] A.C. 299 , PC ( Can ) . 13.140 , 13.150 , 13.185 , 13.195 McInerney v MacDonald ( 1992 ) 93 D.L.R. ( 4h ) 415 .
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.
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.
This guidebook defines current actions and situations that are subjecting lenders to claims. It addresses lender defenses and evaluates the remedies available under common law tort, contract law, federal bankruptcy...
... a false statement or failure to disclose ( scienter ) ; ( 3 ) intent by the maker of the false statement or person failing to disclose to induce action or inaction by the recipient ; 12.1 13 Hoffman v . Stamper , 155 Md . App . 247 ...
The first complete guide to the theory & practice of lender liability cases.