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By Law Society of Ireland

Banking company monetary prone expert perform consultant comprehensively offers with the perform matters most often encountered via apprentices during this zone and comprises contemporary advancements in legislations and perform.

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It should, however, be borne in mind that the bank is not a guarantor as to the profitability of the borrower’s business: the temptation to over-apply the benefit of hindsight should be resisted (McSweeney v Bourke and Investment Bank of Ireland (High Court, 24 November 1980, unreported, Denham J)). In normal circumstances, the mere fact that a lender has advanced funds does not necessarily entail the provision of advice. It is a question of fact in each case whether the lender has become an adviser thereby triggering a duty of care under the principles enunciated in Hedley Byrne v Heller [1964] AC 465.

This may have the effect of optimising recoveries. When taking security, the creditor only needs to measure the asset offered as security. Therefore, the need to conduct a credit inquiry into the debtor’s business is disposed of. In situations outside of insolvency, if a debtor defaults on payment he runs the risk of losing the assets which form the subject matter of the security. Such assets may be necessary to the carrying on of the debtor’s business. ) Why the law allows security There are three main reasons why the law allows security.

In that case, the Supreme Court were divided on the issue on whether words such as ‘return to drawer—present again’ were defamatory of the plaintiff. Maguire CJ held that the words were not defamatory. Black J held that there could be a variety of reasons of why the cheque was not honoured, not all of which involved an inference that the drawer of the cheque drew it knowing that he had not the funds or overdraft facility to meet it. However, Geoghegan and O’Byrne JJ held that the words were capable of having a defamatory meaning.

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