ABSTRACT

Modern courts recognise that the signer may be theoretically and technically a merchant but functionally a consumer in terms of education, business acumen and experience.1

1 Introduction

Deliberations about the global financial crisis have, for the most part, focused on the conduct of financial institutions and the ultimate consequences of that conduct on consumer borrowers. There has also been considerable debate about the various regulatory responses and the most appropriate means of protecting consumers from the excesses of irresponsible lending practices in the future. This chapter moves the focus from the consumer to small business.