Miscellaneous Quiz / Banking Law

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Can you name the Banker/Customer relationship?

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

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