This book addresses the lender liability issues which arise at all stages in the lender-borrower relationship, from advertising financial services through to bankruptcy and liquidation. It takes a transactional approach in order to make the vast array of legal principles more accessible to readers than they would be in technical legal compartments. In doing this it draws upon legal principles, statute law and case law from many sources to provide an understanding of the risks involved in lending and borrowing, as well as the responsibilities and rights of lenders and consumers.
Lender Liability was written from the perspective of fairness and the efficient use of resources. The author has struck a balance between the need for borrowers and guarantors to honour their contracts and the need to hold lenders liable for commercially unacceptable behaviour. Neither party is served by a proliferation of lender liability suits. For this reason, the unashamed bias of this book is in favour of preventing lender liability suits from arising, or at least ensuring that they are resolved in a fair and equitable manner.
Lender Liability will prove invaluable to practitioners involved in financial risk management as it brings together all the necessary information in one handy compendium.