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

Administration of the law, ADMINISTRATION OF THE LAW: Furtherly a sour...

ADMINISTRATION OF THE LAW: Furtherly a source of law is the origin of the rule that legal principle or constitutes a law.  Conversely the phrase 'sources of England law' that'

Case, Corgi was the breeder of prize-winning pedigree dogs that often sold ...

Corgi was the breeder of prize-winning pedigree dogs that often sold for very high prices. Reynolds, a wealthy businessman who had recently retired, decided to purchase one of thes

Take-over bids, Take-over bids: Section 210 provides that where a sche...

Take-over bids: Section 210 provides that where a scheme or contract  involving the transfer of shares or any class of shares in a company to another company has been approved

Legislated to combat computer misuse and cybercrimes, QUESTION 1 Domain...

QUESTION 1 Domain names deliver the address of companies on the Internet and are equivalent to the business address in the physical world. As more and more companies utilize th

Determine the expansionary monetary policy, Determine the expansionary mone...

Determine the expansionary monetary policy The possible spillover effects associated with expansionary monetary policy. In particular with fixed exchange rates expansionary mon

Types of transaction - reconstructions , Types of transaction - reconstruct...

Types of transaction - reconstructions: It will be seen that methods (a) and (b) relate to specific types of transaction.  They can only be used in those transactions.  The fl

Common law rules, Common law rules: The above common law rules have be...

Common law rules: The above common law rules have been modified by the following statutory provisions:  VOID ALLOTMENTS a) S.50 A renders an allotment void if it was mad

Explain ethical decision making, Ethics The influence of personal ethics on...

Ethics The influence of personal ethics on workplace behaviour. (a) Explain in relation to the organisation you researched in Section A of this report why managers should use ethi

Reaction of other countries - policy coordination, Reaction of Other Countr...

Reaction of Other Countries - Policy coordination  A final problem associated with the policy coordination is that countries not involved in the policy agreement may react in s

State article 19 and 20 of air and outer space law, State Article 19 and 20...

State Article 19 and 20 of air and outer space law Article 19 refers to the registration or transfer of registration of aircraft in any contracting State shall be made in acc

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