Lender liability and fault for deepening insolvency: A comparative analysis
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Tydskrif vir die Suid-Afrikaanse Reg
Abstract
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Approaching insolvency will undoubtedly require the directors to consider whether an extension to existing finance or new finance is an option, In many legal systems, lenders will have no liability provided they lend prudently and in line with rules set by those regulatory and oversight bodies, the focus is more on regulating access to lending and encouraging prudential behaviour on the part of debtors and creditors with respect to risk–taking
Citation
2015 TSAR 39


