A Bank's Duty of Care

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.

Part I: Introduction
. 1. Introduction

Part II: EU Law
. 2. Conduct-of-Business Rules under MiFID I and II

Part III: Civil Law Legal Systems
. 3. Germany
. 4. Austria
. 5. France
. 6. Italy
. 7. Spain
. 8. Netherlands

Part IV: Common Law Legal Systems
. 9. England and Wales
. 10. Ireland
. 11. United States of America

Part V: Comparative Conclusions
. 12. A Bank's Duty of Care: Perspectives from European and Comparative Law

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.