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A Bank's Duty of Care

Editor(s): Danny Busch, Cees van Dam
Media of A Bank's Duty of Care
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Published: 26-12-2019
Format: Paperback
Edition: 1st
Extent: 472
ISBN: 9781509935703
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £40.00
Online price : £36.00
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Loren Epson

About A Bank's Duty of Care

In recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank's duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products.

This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective.

Table Of Contents

Part I: Introduction
1. Introduction
Danny Busch and Cees van Dam
Part II: EU Law
2. Conduct-of-Business Rules under MiFID I and II
Danny Busch
Part III: Civil Law Legal Systems
3. Germany
Jens-Hinrich Binder
4. Austria
Julian Ring and Martin Spitzer
5. France
Thierry Bonneau
6. Italy
Filippo Rossi and Marco Garavelli
7. Spain
Manuel Ángel López Sánchez, Eduardo Valpuesta Gastaminza,Pedro José Bueso Guillén and Jorge Noval Pato
8. Netherlands
Danny Busch, Cees van Dam and Bart van der Wiel
Part IV: Common Law Legal Systems
9. England and Wales
Kern Alexander
10. Ireland
Blanaid Clarke
11. United States of America
George C Harris, Hannibal Travis and Sabrina Larson
Part V: Comparative Conclusions
12. A Bank's Duty of Care: Perspectives from European and Comparative Law
Danny Busch and Cees van Dam


“Experts in European law can find in the book a great number of cases and situations that came out of different European experiences, especially after the financial crisis. It is very interesting to see how differently they are treated ... The book is ... unique at a European level with regards to its subject-matter. Professors Danny Bush and Cees Van Dam have formed a great editorial team, putting together their great experience in European financial law and comparative law-and their final chapter, which puts together all the national chapters and goes beyond to the bigger picture and MiFID II, is really a pleasure to read.” –  Paolo Giudici, Free University of Bozen-Bolzano, Journal of International Banking Law and Regulation

“All in all, this book is a fascinating read and is recommended for generalists and specialists alike. Specialists should look forward, one hopes, to a further edition in due course.” –  Helen McGrath, Cambridge Law Journal

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