Kernrechtsfrage
Whether the bank breached its duty to warn the customer about the risks of maintaining a leveraged equity strategy in retirement planning.
Extrahierter Entscheid
The bank had to warn the customer, but the federal appeal failed because the lower court's finding of breach was not shown to violate federal law.
Extrahierte Begründung
Advisory and warning duties under the mandate required informing the customer of the mismatch between risk capacity and risk appetite and of the retirement risks of the strategy. The bank's life-cycle studies did not amount to a proper warning.