Miscellaneous Quiz / Banking Law

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

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Created May 10, 2015ReportNominate
Tags:Customer, relationship

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