Stephane issued a cheque in favour of Thorne. However, when Thorne presented it for payment it was dishonoured and returned marked “R.D.”. It now transpires that...

      

Stephane issued a cheque in favour of Thorne. However, when Thorne presented it for
payment it was dishonoured and returned marked “R.D.”. It now transpires that when
the bank clerk was checking on Stephane's balance he checked on the wrong
account and as a result the cheque was dishonoured under a mistaken belief of lack of funds.

Explain Stephane's rights against the bank.

  

Answers


Maurice
This problem is based on the duties or obligations of the banker to his customer.
In this case there is a banker and customer relationship between the bank and
Stephane.

One of the principal duties of a banker to the customer is to honour all cheques drawn
by the customer provided other conditions are fulfilled. The banker is also bound to exercise care and skill in his dealings with the customer.

In this case, it is evident that the banker acted negligently and thus dishonoured the
cheque.

Stephane has an action in damages against the banker for breach of duty.
maurice.mutuku answered the question on April 27, 2018 at 12:42


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