Banking Law

Can you name the Banker/Customer relationship?

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HintAnswer
If advise not expounded as such, no claim
Special presentation removes 1 day
Knowledge of invalidity = personal bar
Bank entitled to rely on solicitor acting for client
Demand required in England
Delivery for property
Duty of confidentiality
Duty to draw cheque correctly
Joint accounts always require dual signatories
Advise on house, held to said standard
Disclaimer doesnt affect advisory nature
Insolvents are removed from co-cautioner pool
Obligation to get best price for security
If knowing partner, can allow firm to be found
Apparent advantage over naivety = claim
Ambigious circumstances invokes surrounding facts
Relationship presumes undue influence
In England, must consent before merging
Credit balance ranks after preferential
Liability under caution ceases at end of principle
Repayment on forged leaves account in credit
Partner can bind firm to credit
Lien allows retention of property
Each liable for pro rata share so claim within for return
Disclose - war time assets
Debtor mistatement irrelevant
Disclose - officiality
Caution interpreted narrowly
Relationship of contract
Good faith needed - not technical but no exploitation
Bank liable for dishonest employees
Disclose - public interest
Prescription runs from date due
HintAnswer
 
If forged paid, pay out twice
Personal not real right
Ordinary course of busienss for cheque clearing is fact specific
Bank discharges with warning
Disclose - subopena questionable
Able to honour cheques till intimated bankrupcty
Smith interpreted resctrictively
Time for new bank reasonable
Cheque clearing has 4 contracts
Instruction to solicitor not exculpatory
Security transfer need not have principle debt too
In sequestration, no compensating of accounts
For cheque - a day is a day
Solicitor carries duty once passed on + factors affecting caution in obrien situations
Creditor/Debtor not trust/agency
Failure in principle breaks caution
Test for unfairness very low
Bank only obliged to honour cheques if funds avialable
Deposit Receipt is instruction to repay
Right to interest on loan is implied
Instructed to open account = commencement
Disclosure duty needed informed removal
Bank need not check loan but inform risk
Time for cheques reasonable
Alteration relieves cautioner
Majority of Exectors needed to deal with account
Constructive notice in English caution
Innocuous wording may lead to caution
Disclose - public interest post Jack
Smith Applied in Scotland
Customer duty only to take care in writing cheques
Jurisdiction clauses require highlighting
HintAnswer
More than agreement needed for security
Need not intimate amalgamation
Banks must be forthright with variation
One failure in co-cautioner releases all
Oath or writ required for security reassignation
Courts will not interpret code against Customer
Need to intimate amalgamation
Actions may relieve cautioner
Duty of good faith requires warning of risk in Scotland
No duty for caution if cautioner benefiting
Principles of disclosure in common sense
Actual knowledge of undue influence in Scotladn
Balance between safety + commercial practicality in caution
Creditor undue influence voidable
No waiver/disclaimer effective in caution
Disclose - court order
First payment goes to first debit
Monies in trustees account followable
Negligence in delict remains prevalent despite contractual
Condifentiality subject to contract
Duty of care is of prudent businessman
No demand need in Scotland
Partner can counterband cheques
Etridge not in Scotland
No merging of accounts if instructed not to
If offering advice, held to said standard
Mother/son close enough for persumption
Customer duty only to inform of forgery
Caution may be to world at large
Matter of degree for cheque correctness
Trusteee personally liable
Pre Smith no dislosure
Specific amount removes pro rata

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