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.
The Law of Lender Liability
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 .
... 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 ...
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...
The Law of Lender Liability
The Law of Lender Liability: Cumulative Supplement
Good Faith and Lender Liability: Toward a Unified Theory
Lender Liability
“Well written and logically organized.” —Booklist. This handbook makes planning and problem-solving easy with its clear explanations of complex issues.
Lender Liability