A Bank's Duty of Care

In recent years, more and more clients and third parties have filed claims against banks for offenses such as for mis-selling financial products, poor financial advice, and insufficient disclosure of, and warning for, financial risks. The scope of the duty of care of banks has expanded to not only 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 & Wales, Ireland, and the US) deal with these questions, and how answers are found or embedded in the national legal system. An elaborate chapter on the MiFID I and II conduct-of-business provisions is also included. [Subject: Banking & Finance Law]Ë?

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 Universita degli Studi di Genova; Visiting Professor at Universita 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.