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Cover of The Loan Book

LexisNexis · 2nd Edition

The Loan Book

Second Edition — Australian Lending Law

An analysis of the unsecured loan. Elements, proof and recovery.

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ISBN 9780409362428

About the book

Overview

The Loan Book 2nd edition covers a wide range of issues that arise with unsecured loans. It strives to make the relevant law accessible not only to lawyers, accountants and business people but also to the general public. Topics examined include when a loan is repayable when no term has been agreed, when is a lender entitled to charge interest and when is a payment a gift and not a loan. These matters can be troublesome in family relationships, such as in the payments made by the 'bank of mum and dad'. Loans and alleged gifts feature in family law property disputes, also in the administration of deceased estates.

A liquidator appointed to an insolvent company faces challenges when seeking to recover payments made from company funds for the benefit of directors, especially when the payments are not recorded as loans in the company records. The Loan Book 2nd edition also deals with what evidence is required to prove that money is owed.

Features

Concise

Focuses on 'simple contracts'

Includes a new chapter on deeds