This is critical difference. They did not make the same mistake and especially not in the same way. Patrick should have been in a position to much better understand what is happening in his business. It makes no sense to say the lenders should have understood Patricks business enough and in same detail avaliable to Patrick to be able to make the judgement. Patrick on the other hand should have understood these issues and in the case he does not he should not have made claims about them or pay if they are false. It is much more sensible to say that some lenders should be able to take what they are being told at face value and rely on that.
Yeah, Joel you should read up on the economics of liability law. This is very clear cut and for some unknown reason you are trying to confuse the issue.