Restitution Discussion Group Archives
| Sender: |
Andrew Tettenborn |
| Date: |
Tue, 27 Mar 2001 09:42:49 +0100 |
| Re: |
Quick query |
Under its
contract with its customer a bank cannot debit its customer's account without
authority from that customer. The fact that the bank thought it had that
authority is irrelevant if in fact it did not because the cheque had been
stopped.
AT
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 Andrew Tettenborn MA LLB Tel: 01392-263189 / +44-392-263189 (international) Snailmail: School of Law, [ Homepage: http://www.ex.ac.uk/law/
].
Dublin
Bracton Professor of Law
Fax: 01392-263196 / +44-392-263196 (international)
Personal Fax: 0870-0889339 / +44-870-0889339 (international)
University of Exeter,
Amory Building,
Rennes Drive,
Exeter EX4 4RJ
England
<== Previous message Back to index Next message ==>
»
»
»
»
| For
editorial policy, see here. For the unedited archive, see here. The archive editor is Steve Hedley. |
