Principles of Lender Liability

ISBN : 9780198299035

Parker Hood; John Virgo
752 ページ
186 x 247 mm

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.


1. Lender Liability Arising out of the Banker-Customer Relationship
2. Lender Liability for Breach of Confidence
3. Lenders Liability for Money Laundering and Breach of Data Protection Legislation
4. Liability For Failing to Advise or Warn about a Transaction or Provide Certain Information
5. Liability of Lenders as Fiduciaries
6. Liability of Lender for Negligence
7. Liability for Intentional Acts: Economic Torts or Delicts
8. Lender Liability as a Constructive Trustee Under English Law
9. Lender Liability Under Scots Law for Receipt of Trus t Money and Assisting a Breach of Trust
10. Liability for Breach of Contract by a Lender
11. The Liabilities of a Secured Lender to Borrowers and Third Parties
12. Liability of Lenders for the Acts of Receivers They Appoint
13. Environmental Liability of Lenders
14. Wrongful Trading - Liability of Lenders as Shadow Directors


Parker Hood is a lecturer in commercial law at the Edinburgh Law Schooland a non-practising solicitor. He is a member of the Law Society of Scotland Obligations Committee, and is the editor of the Scots Law section of the Journal of Business Law. He is also a member of the Stair Society, a Scottish legal history group. Consultant Editor John Virgo, Barrister, Guildhall Chambers (Bristol) and 5 Stone Buildings (London)