Banker and customer relationship
- Created by: lawliv
- Created on: 29-05-17 16:07
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Clues
- 'Refer to drawer' was capable of a defamatory meaning. (4, 1, 8, 4)
- Bank has a duty of confidentiality in relation to information acquired in character of his banker. (8, 4, 1, 6)
- Bank inadvertently disclosed it's customer's mark up, leading to loss of a line of business. Bank ordered to pay for the lost profit that the customer could prove had resulted. (7, 1, 3)
- Customer gave an instruction to countermand a cheque with details of the cheque number and payee, but not the account no. The clerk made a note against one account, but not the other. Cheque paid. Countermand was effective, breach of duty. (5, 1, 3)
- Customer made a deposit of £40 at 11am. At 3pm a cheque was dishonoured as the £40 had not yet been entered onto the ledger. Breach of duty to make payements. (8, 1, 8)
- Disclosure orders were granted to the police when a company employee was accused of misappropriating company funds. (8, 1, 11)
- In the context of a business customer, there is a presumption in the favour of the customer that he will suffer loss of reputation. (5, 1, 7)
- Military office paid erroneously for 5 years. The erroneous entries amount to representations. Would be prejudicial to the customer to allow the bank to recover the amounts of mistaken payments. (7, 1, 9)
- The bank exceeded its mandate when it honoured a cheque signed by one director when the mandate required two signatures. (6, 1, 8, 4)
- To place the bank under a duty of care to the borrower regarding the viability of a business transaction, the borrower must make it clear to the bank that its advice is being sought. (6, 4, 1, 4)
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