Banks and Fiduciary Relationships

Abstract

[extract] Bankers' relationships with those who use their services are recognised to have a fiduciary nature in at least some of their aspects. There is Australian and Canadian authority to this effect and even Halsbury's Laws of England now sees things so. Traditionally, things were different. The relationships of banks with those who dealt with them were treated just as instances of the debtor and creditor relation. Mutual obligations were thought to be entirely described by the terms of the contractual retainer subsisting between the parties.