Contract and Tort-Based Lender Liability Claims

Summary

This practice note covers both the contract and tort-based lender liability claims that a borrower can commence. In terms of contract-based lender liability claims, it sets out the principal types of claims that a borrower can commence based on breach of contract and breach of certain common law duties imposed on a lender under contract. In terms of tort-based lender liability claims, it highlights some of the most common causes of action in tort asserted by borrowers and guarantors or other third parties against lenders to redress wrongful conduct by lenders. This practice note is not intended to be an exhaustive analysis of all issues that may arise in relation to lender liability claims in contract and tort. This practice note is not intended to be an exhaustive analysis of all issues that may arise in relation to such types of lender liability claims.