A Bank's Duty of Care - Hardcover

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 *

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.