Module description:
This module primarily considers laws regulating banking in the UK, with a particular emphasis on the relationships between banks and their customers. We will look at the nature of the bank-customer relationship and the duties inherent in that relationship. The course also considers statutory regulation of that relationship, for example in relation to money laundering. We will examine both statute and common law, particularly questions of contract, tort and trust in the context of financial services offered by banks. There will be a strong emphasis on bank lending and related questions of security for bank advances of funds.
Indicative seminar topics include:
- The bank/customer contract
- Customers' duties and recovery of money paid by mistake
- Money Laundering
- Constructive trusts
- Undue Influence
- Overdrafts and lending
- Banking, corporate governance and the financial crisis