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Sender:
J C Sheahan
Date:
Fri, 7 Aug 1998 01:30:15 -0400
Re:
Bank overcharging customers

 

Prof. Rickett is surely correct.

The point has also been considered in an Australian case concerning a cheque wrongly debited to an account - Channon v E.S.& A. Bank (1918) 18 SRNSW 30 (see per Ferguson J at p.38). Once the relationship of banker and customer is properly understood it can be seen that the NIB problem has nothing to do with breach of contract or unjustified enrichment.

 

John Sheahan SC
Australia.


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