Miscellaneous Quiz / Banking Law

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Can you name the Banker/Customer relationship?

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

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Created May 10, 2015ReportNominate
Tags:Customer, relationship

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