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Hot Tips Turned Flops: Liability for Unsuitable Investment Advice - An Integrated Approach

Abele, Hanns and Kodek, Georg and Schaefer, Guido K. (2015) Hot Tips Turned Flops: Liability for Unsuitable Investment Advice - An Integrated Approach. Open Review of Management, Banking and Finance. ISSN 2058-7422

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This paper develops a new analytical framework for assessing losses from unsuitable investment advice, integrating both legal and economic aspects. First, a core of legal concepts for assessing losses is identified that is common to most jurisdictions. These include negligence in advice, causation as examined by the but-for-test, and the loss caused by the unsuitable advice. Building upon these legal concepts, five economic tests are developed for analyzing the causal chain from improper advice to financial loss. If the tests show that the advice was unsuitable, the investor did not know about it, the investment violated his risk patterns, and the assets most likely chosen with suitable advice would have performed better, an economic proof for establishing liability is provided, thus supporting legal assessments of losses. Several new analytical tools are suggested to substantiate the analysis. As a major conclusion, it is shown that proving liability for unsuitable investment advice gets more difficult, the more financially sophisticated an investor is.

Item Type: Article
Additional Information: The Open Review of Management, Banking and Finance is an open access journal which means that all content is freely available without charge to the user or his/her institution.
Divisions: Departments > Volkswirtschaft > Analytische Volkswirtschaftslehre > Abele
Version of the Document: Published
Variance from Published Version: None
Depositing User: ePub Administrator
Date Deposited: 21 Dec 2015 11:39
Last Modified: 28 Mar 2019 07:39
Related URLs:
FIDES Link: https://bach.wu.ac.at/d/research/results/73212/
URI: http://epub.wu.ac.at/id/eprint/4769


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