The banker and customer relationship is a single contract but with several obligations flowing from it.
Joachimson v Swiss Bank Corp
1 of 11
The bank can be liable in both tort and contract.
Barclays Bank v Quincecare
2 of 11
It is a basic obligation that the bank will honour, on presentation, a cheque provided that there is a sufficient balance or agreed overdraft.
Barclays Bank v Simms and Cooke
3 of 11
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.
Marzetti v Williams
4 of 11
Cash and cheques were paid into an overdrawn account for the specified agreed purpose of paying a cheque. Cheque was subsequently wrongfully dishonoured. Breach of duty to make payment.
Fleming v Bank of England
5 of 11
The customer may be estopped from saying that the bank acted without a mandate if it is obvious that the customer knew of the forgeries for some time.
Greenwood v Martins Bank
6 of 11
The bank exceeded its mandate when it honoured a cheque signed by one director when the mandate required two signatures.
Ligget v Barclays Bank
7 of 11
Guidelines for negligence: (1)question should be considered separately for each cheque;(2)test for negligence is whether the transaction should have aroused suspicion and caused to make inquiries:(3)negligence should be proximate cause of loss
Morison v London County and Westminster Bank
8 of 11
The bank honoured a cheque bearing one signature when the mandate required two. The sole signatory had actual authority from the plaintiff's board of directors so the bank had actual authority.
London International Trust v Barclays Bank
9 of 11
Where the customer gives erroneous or ambiguous instructions capable of several interpretations, the bank will not be liable if it adopts a reasonable interpretation.
Westminster Bank v Hilton
10 of 11
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.
Reade v RBS
11 of 11
Other cards in this set
Card 2
Front
The bank can be liable in both tort and contract.
Back
Barclays Bank v Quincecare
Card 3
Front
It is a basic obligation that the bank will honour, on presentation, a cheque provided that there is a sufficient balance or agreed overdraft.
Back
Card 4
Front
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.
Back
Card 5
Front
Cash and cheques were paid into an overdrawn account for the specified agreed purpose of paying a cheque. Cheque was subsequently wrongfully dishonoured. Breach of duty to make payment.
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