duty to perform contracts and advise
Tower v Ulster Bank buys cattle from Towey and Tuslk, pays with cheque (UK bank), deposited at same bank as Mr Towey, cheques go in post to Britain looking for payment, start asking questions where money is- reassured by Ulster Bank - were still accepting cheques from Towey - lose all money in those cheques- duty was extended - ongoing duty not to just send cheque on
Irish Nationwide Building Society v Malone bank charged Malone for putting in place life assurance, life assurance not in place when drawing out insurance, - disclaimer involved, effective for past conduct not future conduct - bank duty to follow up - paid for service - (still getting paid for service) - issue of payment not considered to be significant
Behan v BOI agreement Behan would pay 50,000 less, Farm rescue scheme, Behan sues bank for failing to secure benefit of the scheme for him - duty of care does exist but fails on the facts of the case
where party has given advice
Woods v Martin advice not considered to be bankers job
towey v Ulster Bank - knew everything wasn't fine and plaintiff struggling financial - Ulster Bank had basically advised that
Gayson v AIB bank encouraged customer to open certain type of account - should have told him the consequences - not up to bank to advise not to break the law
positive duty to advise
Redmond v AIB cheque labelled non-negotiable , wanted to raise funds to develop shopping centres, - bank manger given informal agreement in very general terms (not signed), upper management deiced against lending money - security was shopping center - not yet built - carried out risk assessment - plaintiff wanted risk assessment - no duty to advise on project- experienced business people
Kennedy and McGill v AIB and AIF
BOI v Lennon
Delaney v AIB - Delaney loaned money to Kilalely (having financial difficulty), to secure payment plaintiff given lease and no rent to be collected - Kilallely needed permission from AIB to give lease - AIB know Delaney giving Kilaley money - plaintiff lay litigant - AIB never asked for advice - no reliance on AIB's statement - knew Kilally in financial difficulty
Fitch v Lloyds company took out loan for 11.6m to buy assets for a hotel, penalty if repaid early, tried to repay early, company sent into adminsitration - argued bank should have given advice = wouldn't of taken loan - company had own financial advisors - any advice given would have to be with great skill and care, no advice can mislead consumer
No positive duty advise
no duty to advise in commercial cases
fiduciary duty to advise
Lloyds Bank v Bundy defendants son borrowed money, bank wanted to get father to guarantee loan, father knew bank manager - no benefit from father guarantee - only secured loan already given - bank positive duty to warn about conflict of interests
National Westminster Bank v Morgan exceptional circumstances required for fiduciary
Bank of Nova Scotia v Hogan Fiduciary relationship can't be presumed has to be proven
click to edit