‘A Bank’s Duty of Care and the Anglo-American/European Divide’

“This summer, Hart Publishing published the book A Bank’s Duty of Care I edited with my colleague Professor Danny Busch from the Radboud University in Nijmegen. In recent years, an increasing number of customers and investors have filed claims against banks, such as for mis-selling financial products, poor financial advice, and insufficient disclosure of and warning about financial risks. In case law and legislation, the scope of a bank’s duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated financial products but also protection of professional parties against more obvious risks of relatively straightforward products. The book provides reports of how nine jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions …” (more)

[Cees van Dam, M-EPLI Blog, 2 October]

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