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Keywords: Duty of care
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Journal Articles
Catastrophic fraud loss lies where it falls? Push payment scams and the bank’s duty of care to its customer
Available to Purchase
Journal:
Journal of Financial Crime
Journal of Financial Crime (2023) 30 (6): 1845–1852.
Published: 12 November 2021
... no reliable means of adjudication and redress. The common law of negligence has not adapted to the technological shift in bank payment methods currently used by customers. The duty of care is inadequate in safeguarding customer interests in relation to payment instructions to banks. Customers are bearing...
Journal Articles
“But we had obtained professional/legal advice!”: The disclosure conundrum and directors' dilemma
Available to Purchase
Journal:
Journal of Financial Crime
Journal of Financial Crime (2013) 20 (3): 312–323.
Published: 12 July 2013
... grounds. While this emerged as a defining argument in defence of the Fortescue's management at the trial court (Coffey, 2011), at the appeal case the court was not convinced that the reliance was justified and disagreed with the trial court's finding of facts regarding the legal advice. Duty of care...
Journal Articles
New Zealand: the solicitor’s contractual duty of care in advising guarantors
Available to Purchase
Journal:
Journal of Financial Crime
Journal of Financial Crime (2004) 11 (4): 353–355.
Published: 01 October 2004
... risks and liabilities, so that the claim was dismissed. Contends that a solicitor should be obliged to comment on the wisdom of entering into a transaction. Journal of Financial Crime Ð Vol. 11 No. 4 New Zealand: The Solicitor's Contractual Duty of Care in Advising Guarantors Mohammed B. Hemraj...
