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Bank-customer transactions and the d...

Kimura, Hitoshi.

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Bank-customer transactions and the duty of disclosure: An examination of the doctrines of a fiduciary obligation, undue influence, and unconscionability in consumer guarantee contracts.

Record Type:	Language materials, printed : Monograph/item
Title/Author:	Bank-customer transactions and the duty of disclosure: An examination of the doctrines of a fiduciary obligation, undue influence, and unconscionability in consumer guarantee contracts./
Author:	Kimura, Hitoshi.
Description:	168 p.
Notes:	Adviser: Reuben Hasson.
Contained By:	Masters Abstracts International34-01.
Subject:	Business Administration, Banking. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=MM99595
ISBN:	9780315995956

Bank-customer transactions and the duty of disclosure: An examination of the doctrines of a fiduciary obligation, undue influence, and unconscionability in consumer guarantee contracts.
Kimura, Hitoshi.

Bank-customer transactions and the duty of disclosure: An examination of the doctrines of a fiduciary obligation, undue influence, and unconscionability in consumer guarantee contracts. - 168 p.

Adviser: Reuben Hasson.

Thesis (LL.M.)--York University (Canada), 1994.

The thesis begins with an examination of the concept of a fiduciary obligation. I attempt to clarify the necessary elements that constitute a fiduciary relationship. I conclude that a fiduciary obligation should not be imposed unless the bank has undertaken to act solely for the interests of the customer or it has discretionary power which affects the interests of the customer.

ISBN: 9780315995956Subjects--Topical Terms:

1018458
Business Administration, Banking.

Bank-customer transactions and the duty of disclosure: An examination of the doctrines of a fiduciary obligation, undue influence, and unconscionability in consumer guarantee contracts.
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020 $a 9780315995956
035 $a (UMI)AAIMM99595
035 $a AAIMM99595
040 $a UMI $c UMI
100 1 $a Kimura, Hitoshi. $3 1294736
245 1 0 $a Bank-customer transactions and the duty of disclosure: An examination of the doctrines of a fiduciary obligation, undue influence, and unconscionability in consumer guarantee contracts.
300 $a 168 p.
500 $a Adviser: Reuben Hasson.
500 $a Source: Masters Abstracts International, Volume: 34-01, page: 0138.
502 $a Thesis (LL.M.)--York University (Canada), 1994.
520 $a The thesis begins with an examination of the concept of a fiduciary obligation. I attempt to clarify the necessary elements that constitute a fiduciary relationship. I conclude that a fiduciary obligation should not be imposed unless the bank has undertaken to act solely for the interests of the customer or it has discretionary power which affects the interests of the customer.
520 $a In the next chapter the doctrine of undue influence is considered. In order to give rise to a presumption of undue influence, there must be abuse of the confidential relationship and an objectively unfair bargain. However, as far as contracts of guarantee are concerned the trend is to impose a special duty of care upon the creditor where the circumstances are such as to put him on inquiry as to the existence of undue influence.
520 $a In deciding whether a certain transaction between a bank and its customer is unconscionable courts generally examine five elements. However, the doctrine of unconscionability has proven vague and difficult to apply. Instead of relying on such ambiguous doctrines we should impose by legislation a duty of disclosure upon the creditor in consumer guarantee contracts. In the last chapter the limitations of independent legal advice are considered and I attempt to justify the imposition of a duty of disclosure by economic analysis of the creditor-guarantor relationship. (Abstract shortened by UMI.)
590 $a School code: 0267.
650 4 $a Business Administration, Banking. $3 1018458
650 4 $a Law. $3 600858
690 $a 0398
690 $a 0770
710 2 0 $a York University (Canada). $3 1017889
773 0 $t Masters Abstracts International $g 34-01.
790 $a 0267
790 1 0 $a Hasson, Reuben, $e advisor
791 $a LL.M.
792 $a 1994
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=MM99595