Ask Question, Ask an Expert

+61-413 786 465

info@mywordsolution.com

Ask Business Law & Ethics Expert

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.

Business Law & Ethics, Finance

  • Category:- Business Law & Ethics
  • Reference No.:- M9520526

Have any Question?


Related Questions in Business Law & Ethics

Assignment -purpose - this significant task requires

Assignment - Purpose - This significant task requires forward planning and adequate time for research, reading and reflecting. The purpose of the assignment is to enable you to achieve outcomes in knowledge, skill and ap ...

Managing the legal environment assignment - research

MANAGING THE LEGAL ENVIRONMENT ASSIGNMENT - RESEARCH PROJECT Company: Nike (a) Summarise in about 250-500 words the characteristics/features of the organisation (you can choose a statutory/government body or select a bus ...

Introduction to business law assessment -case - garcia v

INTRODUCTION TO BUSINESS LAW ASSESSMENT - CASE - Garcia v NAB Introduction of relevant background of the issue, explanation and setting out the argument/theme, key issues and the structure that follows. Identification of ...

Australian commercial law assessment - part a 300 words -in

AUSTRALIAN COMMERCIAL LAW ASSESSMENT - PART A (300 words) - In using the resources of the early Modules, your tribe discussed and developed a constitution. In the new constitution assume that there are rules protecting a ...

Group report1 this group assignment consists of 2 parts

GROUP REPORT 1. This group assignment consists of 2 parts. Part A is a case study on contract law, and Part B is a question involving Corporations Law. Both questions must be answered. 2. The total word limit for the gro ...

Exerciseform yourselves into groups and consider the

Exercise Form yourselves into groups and consider the question: What is research? Write a list of 5 characteristics of research. What are the characteristics of research at postgraduate level? Scholarship: "The analysis ...

Business law assignment question -mabo has been said to a

BUSINESS LAW ASSIGNMENT QUESTION - Mabo has been said to a cornerstone of the Australian legal system. Your response must discuss the following: 1. Discussion of the Mabo (No 2) case. 2. Explain the impacts of the case o ...

Question 1it has been said that good corporate governance

Question 1 It has been said that good corporate governance is an important ingredient in corporate success and that regulators should encourage good corporate governance. Required Discuss how good corporate governance is ...

Assessment taskassignment questiondiscussi the main ways

Assessment Task Assignment question: Discuss: i. the main ways that a company may source finance; and ii. the benefits and costs associated with the main sources of corporate finance. Guidance - Students are to read text ...

Corporations law - assignment questions -objectives -

CORPORATIONS LAW - ASSIGNMENT QUESTIONS - Objectives - Answer the following questions with reference to the relevant statute law and general common law principles operating in Australia concerning the consequences of the ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Why might a bank avoid the use of interest rate swaps even

Why might a bank avoid the use of interest rate swaps, even when the institution is exposed to significant interest rate

Describe the difference between zero coupon bonds and

Describe the difference between zero coupon bonds and coupon bonds. Under what conditions will a coupon bond sell at a p

Compute the present value of an annuity of 880 per year

Compute the present value of an annuity of $ 880 per year for 16 years, given a discount rate of 6 percent per annum. As

Compute the present value of an 1150 payment made in ten

Compute the present value of an $1,150 payment made in ten years when the discount rate is 12 percent. (Do not round int

Compute the present value of an annuity of 699 per year

Compute the present value of an annuity of $ 699 per year for 19 years, given a discount rate of 6 percent per annum. As