10.01 In addition to the general banking contract (referred to in Ch 1), a lender may have a range of specific contracts with a customer/borrower, usually of a financing nature, eg a loan agreement, security agreements, or a letter of credit facility. This chapter will focus on the lender’s liability, in damages, where its wrongful conduct results in it breaching a contract with a customer/borrower, who suffers loss as a consequence of the breach, eg failing to provide agreed finance under a loan agreement. It will not deal with conduct, such as economic duress,1...
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