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Title: Principles of, and issues in, lender liability
Author: Hood, Parker
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1998
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This thesis looks at situations, principally in the context of a commercial loan, in which lenders can be liable to borrowers, as well as some third parties, e.g., other lenders, when they have acted wrongfully towards them. The emphasis will be on Scots and English law, although, where appropriate, reference will be made to Commonwealth law, and, to a lesser extent, the United States and Europe. After a brief consideration of what is meant by lender liability, which is an inexact term, this thesis considers the banker-customer relationship, which provides the framework for the thesis, and the issue of banker confidentiality, which is dealt with separately. The next chapters concern the liability of lenders when they step outside the debtor-creditor relationship. The starting point is the question whether a lender is under an obligation to provide advice to a borrower on the prudence of a particular transaction?; the position in Britain is considered, and compared with Germany, and Belgium, France and Holland. Thereafter, in separate chapters, the liability of a lender when it takes on an advisory role, and the remedies available are discussed: first, when a lender undertakes fiduciary obligations - the main difficulty being the bank having a conflict of interests; and, secondly, when the lender is negligent under Hedley Byrne & Co. Ltd v. Heller & Partners Ltd. [1964] A.C. 465. The following chapter looks at delicts other than negligence: fraud; and the economic delicts: conspiracy, interference with a business, and inducing a breach of/interference with a contract; the last area considers the question of a lender's liability for inducing a breach of a negative pledge clause in a loan agreement. The liability of a lender in damages for breach of a loan agreement, and, to a lesser extent, the general banking contract is also examined. The discussion focuses on: the purpose and measure of contractual damages, mitigation, and remoteness of damage, the situations where lenders are in breach of contract, and damages for injured feelings.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available