Restitution Discussion Group Archives
| Sender: |
Paul Matthews |
| Date: |
Mon, 26 Mar 2001 22:45:04 +0100 |
| Re: |
Quick query |
The bank
has no legal basis for debiting the drawer's account, since the drawer has
not (now) authorised this. So the drawer's claim for an account will not
show the debit, or (if it does) the debit will be ignored. Bank therefore
pays the balance of the account, undebited. No loss, so no need for damages.
Paul Matthews
At 14:44 26/03/01 -0000, Rory White wrote:
In Barclays Bank v. Simms 1980 QB a bank recovered
money which it had paid when the defendant presented a cheque for payment,
having overlooked the drawer company's instructions to stop the cheque.
What was the legal basis for the bank making good the
drawer company's account? (i.e. before pursuing the payee). Damages
for breach of fiduciary duty/ agency agreement?? R. White
Dublin
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