Andrew Tuch, ‘Fiduciary Principles in Banking Law’

Abstract

When are banks fiduciaries of their customers and clients? This question is of more than theoretical interest given the organizational structure of modern financial institutions and the broad-ranging functions they perform. In this chapter of the Oxford Handbook of Fiduciary Law, I canvass fiduciary principles in banking law. I consider when fiduciary duties exist and what they require, the range of remedies available for breach, and the various techniques banks use to exclude or modify fiduciary duties …

Tuch, Andrew F, Fiduciary Principles in Banking Law (July 10, 2018). Evan J Criddle, Paul B Miller, and Robert H Sitkoff, eds, The Oxford Handbook of Fiduciary Law (New York: Oxford University Press 2018); Washington University in St Louis Legal Studies Research Paper No 18-07-01.

First posted 2018-07-22 17:32:21

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