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Essay

Lender Liability and the Duty of Good Faith

Essay specific features

 

Issue:

Social Issues

 

Written by:

Janet A

 

Date added:

July 3, 2014

 

Level:

University

 

Grade:

A

 

No of pages / words:

27 / 7298

 

Was viewed:

8799 times

 

Rating of current essay:

 
Essay content:

Many courts have rejected borrowers' lawsuits which are based on allegations of the violation of the lender's duty of good faith. Nevertheless, lender liability should continue to be an area of concern to lenders. Although courts often dismiss cases based on a borrower's claims of lender bad faith, in other cases courts find that lenders have indeed engaged in conduct that constitutes bad faith...
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Most courts carefully examine the unique facts of each case, consider the testimony of experts, and listen to the ever-inventive arguments of counsel. A loan agreement, like every other contract governed by the Uniform Commercial Code (the "U.C.C."), imposes on both the borrower and the lender "an obligation of good faith in its performance or enforcement...
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