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Vol 23 No 5 May/June 2018

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A Bank's Duty of Care

ISBN13: 9781849468114
Published: August 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

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Over the recent years, more and more clients and third parties have filed claims against financial institutions such as for misselling financial products, poor financial advice, insufficient disclosure of and warning for financial risks.

The scope of the duty of care of financial institutions seems to expand: from protection of consumers against unclear risks of complicated products to protection of professional parties and 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 (Austria, Canada, France, Germany, Ireland, Italy, the Netherlands, Spain, the United Kingdom and the United States) deal with these questions and how answers are found or embedded in the national legal system. On this basis the book also provides a thorough comparative analysis and perspective.

Banking and Finance
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