Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

LLOYDS BANK LTD. v. BUNDY

[1974] 2 Lloyd's Rep. 366

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Cairns and Sir Eric Sachs

Banking - Guarantee - Customer asked by bank to guarantee son's company and to execute charge on house - Documents left with customer so that he could obtain independent advice - Documents signed by customer - Company in financial difficulties - Customer asked to sign further guarantee and charge - No opportunity given to customer to take independent advice - Documents signed - Whether bank under duty to show fiduciary care - Whether duty broken - Whether guarantee and charge should be set aside.

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