The impact of deposit Insurance and bank resolution on financial contracts

Abstract

My research considers whether deposits made into banking accounts by bank customers are protected in the event of a bank failure through common law as well as existing and proposed legislative frameworks. The contractual relationship between a bank and its customer is assessed as well as the impact of a bank failure on that relationship. It is submitted that a bank failure could be construed as a breach of contract with suitable remedies to protect depositors and stabilize the financial sector during financial distress.