Collecting banker, Business Law and Ethics

Assignment Help:

Collecting Banker

Furthermore a collecting banker is protected through the following provisions: like;

(i)Bills of Exchange or Swap Act.

 with S.82 (1) provides such a banker in good faith and without negligence take delivery of payment for a customer such of a cheque crossed usually or specially to himself, and such the customer has like no title or a defective title thereto, such the banker shall not invite any liability such to the true owner of the cheque through reason merely of having inward such payment there.

(ii)The Cheques Act, S.32 (2).

 in Capital and Counties Bank Limited (ltd) v Gordon such the legal conception of the collecting banker was like of a mere conduit pipe so, receiving the cheque from that customer and after, and although not till then, since placing it to the customer's credit, through exercising function strictly analoguous such to those of a clerk of such the customer sent to a bank to cash an unlock cheque for his employer also.

Conversely in that case the House of Lords held as like the bank had not acted that conduit pipe, such had not received payment about the customer although for itself and so lost the protection is of with S.82 of the Bills of Exchange Act 1882, although it had credited the customer about the face value like cash on receipt about collection and before clearing.

(iii)The Cheques Act 1968 S.4


Further unless the banker can bring himself during the conditions formulated through the section, such he is left with his common law like liability for conversion or such money had and received, in the event of the person from that whom he takes the cheque in favour of collection having like no title or as a defective title thereto there.  in Turner v London and Provincial Bank Limited (ltd)(1903) thus evidence was admitted, such proof of negligence, the customer had prearranged a reference on opening such the account and this was not follow awake there.

Conversely in Ladbroke & Company v Todd such the bank was held negligent hence they did not make enquiries related a proposing customer. this was described like an ordinary precaution other such banks took so—further bankers or bank officials having like given evidence such they made enquiries in such cases merely.


Related Discussions:- Collecting banker

Elements of a contract - offer, Elements of a Contract - Offer Further...

Elements of a Contract - Offer Further this is an unequivocal manifestation through one party of its intention to contract into another. So well it is a clear intimation for i

International labour conference for double-discussion, The work of the Inte...

The work of the International Labour Organisation in regard to the adoption and implementation of Conventions and Recommendations involves Member States in a number of constitutio

State differences between law and ethics, Question 1: (a) State five di...

Question 1: (a) State five differences between Law and Ethics. (b) Define what is meant by a ‘code of ethics' and state its importance for engineers. (c) Define the followin

Sources of us law of contract, Sources of US Law of Contract However t...

Sources of US Law of Contract However the Law of Contract Act 1961, S. 2(2) provides like, except as may be provided through any written law to the time being in force, hence

Define the name of tort, 1. Joe is walking down the street and Sue com...

1. Joe is walking down the street and Sue comes up behind Joe, aims a gun at him, but stops just before shooting. Joe did not know Sue was coming up behind him.

What is the territorial sovereignty, What is the territorial sovereignty ...

What is the territorial sovereignty The territorial sovereignty includes the land territory, the territorial sea, the seabed and the subsoil of the territorial sea. It also inc

Give five differences between law and ethics, QUESTION (a) In scientifi...

QUESTION (a) In scientific ethics, list four fundamental principles of scientific research? (b) Give five differences between law and ethics (c) When does a ‘Conflict of

Describe five major types of employee rights, QUESTION 1 What are the i...

QUESTION 1 What are the individual and situational factors that influence ethical decision making in the workplace QUESTION 2 (a) How is unemployment socially distribut

Vacation of office - company management, Vacation of Office: In additi...

Vacation of Office: In addition to vacating office under the aforesaid provisions of Article 88 a person may cease to be a director for various reasons like as;-

Warranties - terms used in contract, Warranties - Terms used in Contract ...

Warranties - Terms used in Contract Conversely the following are the warranties implied by the Act like: (a) Quiet possession with (s.14 (b)). However this provision is int

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd