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Provide a 8 pages analysis while answering the following question: Question 3 In the summer of 2007, a UK Pension Fund invests 150,000 on Collaterised Debt Obligations (CDOs) and 100,000 on shares fro
Provide a 8 pages analysis while answering the following question: Question 3 In the summer of 2007, a UK Pension Fund invests 150,000 on Collaterised Debt Obligations (CDOs) and 100,000 on shares from Baribas Ltd bank, relying on the advice of Credit Rating Agency Moodys, which released a report giving a high cr. Prepare this assignment according to the guidelines found in the APA Style Guide. An abstract is required. As such, the contract for the purchase of the shares should be voided for a breach of a fundamental fiduciary duty of the banker.
Lloyds Bank Ltd v Bundy [1974] EWCA Civ 8 is a very important English contract case law, whose outcome on undue influence is applicable in this case. In the Court of Appeal decision, Lord Denning MR incorporated all infringements of autonomy into a single doctrine of inequality of the power of negotiation (Matthias, 2013). The Court held that any violation of the fundamental rule of autonomy voided the agreement between Mr Bundy and the bank because as expected of the latter party, it failed to provide a balanced advice to its client concerning its financial position. He went further to observe that the unnecessary influence of the plaintiff in the contract with the bank warranted the intervention of the court. In this case, it is evident that the UK Pensions Fund entered into the contract with the Baribas Bank because they did not get independent advice before entering into the contract for the purchase of shares (Biundell-Wignall, & Atkinson, 2011). As such, the Pensions Fund can validly bring claims for termination of the contract and reparation against the Bank over breach of the fiduciary duty.
Baribas Bank’s refusal to release important financial information in its annual financial statements whether or not the bank had been asked by the shareholders to publish the records amounts to a substantial breach of the directors’ fiduciary duty (Sjöberg, 2011. Gelpern, 2014). The Companies Act 2006 under sections 171-177, obligates the company directors to act in good faith by making an honest disclosure of the financial performance of the bank. The violation of the provisions is therefore actionable by the shareholders or any other interested party who in this case is the UK Pensions Fund (Ray, 2013).
