A Bank's Duty of Care

by Danny Busch, Cees van Dam

Overview

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.

Product Details

ISBN-13:	9781849468114
Publisher:	Bloomsbury Academic
Publication date:	08/24/2017
Pages:	472
Product dimensions:	6.14(w) x 9.21(h) x 1.00(d)

About the Author

Danny Busch is Professor of Financial Law and Director of the Institute for Financial Law at the University of Nijmegen, the Netherlands; Visiting Professor at Università degli Studi di Genova; Visiting Professor at Università Cattolica del Sacro Cuore di Milano and Member of the Dutch Banking Disciplinary Committee (Tuchtcommissie Banken).

Cees Van Dam is Professor of European Tort Law at Maastricht University; Professor of International Business and Human Rights at the Rotterdam School of Management, Erasmus University; and Visiting Professor at King's College London.

Table of Contents

List of Contributors vii

Abbreviations ix

Part I Introduction

1 Introduction Danny Busch Cees van Dam 3

Part II EU Law

2 Conduct-of-Business Rules under MiFID I and II Danny Busch 11

Part III Civil Law Legal Systems

3 Germany Jens-Hinrich Binder 61

4 Austria Julian Ring Martin Spitzer 85

5 France Thierry Bonneau 109

6 Italy Filippo Rossi Marco Garavelli 135

7 Spain Manuel Ángel López Sánchez Eduardo Valpuesta Gastaminza Pedro José Bueso Guillén Jorge Noval Pato 167

8 Netherlands Danny Busch Cees van Dam Bart van der Wiel 201

Part IV Common Law Legal Systems

9 England and Wales Kern Alexander 249

10 Ireland Blanaid Clarke 285

11 United States of America George C Harris Hannibal Travis Sabrina Larson 329

Part V Comparative Conclusions

12 A Bank's Duty of Care: Perspectives from European and Comparative Law Danny Busch Cees van Dam 373

Index 447

Editorial Reviews

"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." --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." --Cambridge Law Journal

From the Publisher