DUTIES OF BANKER TOWARDS HIS COUSTOMER

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      DUTIES OP A BANKER TOWARDS HIS CUSTOMERS

    tor

    Shamsul Ba.hrin bin Baharuddin

    Submitted in partial fulfillment of the requirement

    for the Diploma. In Law at the MARA Institute Of

    Technology,

    http://ba.hr/http://ba.hr/

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    ACKNOWLEDGEMENTS.

    The writer would like to express his gratitute to

    Enche Da.rbi for his guidance in the preparation

    of this paper.

    Grateful acknowledgement is also made to Puan

    Zuraidah for typing out the paper to meet the dateline.

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    PREFACE.

    - iii -

    When a person opens an account with a hank, seldom it is

    realised that a contract has been entered into between him

    and the bank. The normal steps to be taken to open an account

    are simple and short. In fact all that is required to be done

    by the prospective customer, at least in the case of a. deposit

    account, is just to put his signature or thunb-print on the

    specimen signature card. The rest of the work will be done

    by the bank.

    However,out of this apparently simple act will come into

    existence a. debtor-creditor contractual relationship which,

    in its turn, establishes the duties of both parties £i.©

    0

      the

    bank and the  customer).

    This paper attemts to discuss the duties which a banker

    owes to his customer. However, the duties discussed in this

    paper are by no mean exhaustive. They are duties which can be

    said to be the more important ones which have often become

    the subjects of litigation in the courts.

    The first two chapters of this paper seek to explain the

    meaning of bank, banker and banking business and the qualificatior.

    for a. person to become a bank's customer. The discussion on the

    subject is felt necessary since it is out of the contract between

    the banker and the customer that the duties arise.

    The third chapter discusses the nature of the Banker-Customer

    relationship. Here the paper seeks to determine the relationship

    by explaining the possible areas of the relationship based on

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    iv -

    the usual customs and usages of bankers as recognized by the

    Courts.

    The final Chapter discusses the important duties owed by a

    banker to his customers. The duties discussed are firstly the

    duty to repay on demand. Here both the positive and negative

    aspects of the banker's duty to honour its customers payment

    orders are discussed. The positive aspect being that the bank

    must honour the order if it is in the proper form and the

    negative aspect is that it must not make payment out of its

    customer account without confirming to the instructions or

    mandate which the customer has given. The negative aspect leads

    to the discussion-, regarding cheques which relates to the effect

    of forgeries, alterations and specific types of crossings.

    or

     completeness the duties and position of the bank as a

    collecting banker will also be discussed.

    The next duty that will be discussed is the duty of the banker

    to obey the Customer's Countermand orders. Reliance will be made

    on decided cases in the discussion of this area.

    The final duty that will be discussed is the banker's duty

    of secrecy. The governing provision on this area, is S.36(2) of the

    Banking Act 1973(Act  No.102). Therefore the effect of this section

    will be examined as well as the special legislations which provide

    for inroads into banking secrecy.

    In writing this paper the writer tries to rely chiefly on the

    decisions of the local Courts. Only in the absence of local cases

    will reliance be

     aa.de

     n English cases.

    http://raa.de/http://raa.de/http://raa.de/

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    CONTENTS

    Preface iii

    Table of Cases v

    Table of Statutes viii

    Chapter I

    Bank, Banker and Banking 1

    Chapter II

    Who is a Customer? 6

    Chapter III . ... . .

    The nature of.Banker-Customer relationship . . 13

    Chapter IV

    1. Duty to.repay on demand 19

    a. Forgery of the Customer's signature . 25

    b.

     Alterations on the cheque 28

    c. Crossed cheques . . . . . . . . . . 30

    (i).'Not Negotiable' crossing . . . . 31

    (ii).  'Account Payee' crossing . . . . 32

    2. The collecting banker . . . . . . . . 34

    3. Duty to obey customers' countermand order. . 36

    4. Duty to render accounts 38

    5. Duty as to secrecy 40

    6. Banking secrecy and special legislations . . 43

    Conclusion 48

    Appendix 51

    Bibliography 53

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      V

    TABLE OF CASES.

    British and North Eastern Bank v. Zalzstein

    /T9277 2 K.B. 92 38

    Brov/n v. Westminster Bank Ltd.  /T9 647 2 Lloyd's

    Rep.

      187 26

    Carr v. Carr

      / 1 8 1 1 7

      1 Mer  541 15

    Chatterton v. London & County Bank

      '(?1891)

     The Times,

    Jan.  21 . . . . . . . . 4 0

    Commissioners of Taxation v. English, Scottish and

    Australian Bank Ltd.  /T9207 A.C.  683 . . 7 , 10

    Davidson v. Barclays Bank Ltd.  /T9 407 1 All E.R.  316 . 24

    Devayness v. Nohle  1816)  1 Mer.  529 . . . . 15

    Dodwell & Co. v. John

      / T 9 1 8 7

     A.C.

      5 6 3. . . . 2 7

    E.A. Barhour Limited v. The Ho Hong Bank Limited

    (1929)  S.S.L.R.

      116 36

    Far Eastern Bank Ltd. Bee Hong Finance Ltd.

    /T971.7  2 M.L.J.  6 33

    Fleming v. Bank of New Zealand  / 1 9 0 0 7 A.C.  57 7. . 22

    Foley v. Hill

      (1848)  2

     H.L. Cas

      28 16 , 17

    Gibbons v. Westminster Bank Ltd.  /T9 397 2 K.B.  882 . 24

    Great Western Railway Co. v. London & County

    Banking Co. Ltd  / T 9 0 1 / A.C  414 . . . . 7

    Greenwood v. Martins Bank  /T933.7 A.C.  51 . . 2 5

    Hadley v. Baxendale  (1854) 9 Exch  341 • . , . 2 4

    Holland v. Manchester and Liverpool District

    Banking Co. Ltd.  (1909) 25 T.L.R.  386 . . . 38

    House Property Co. of London v. London County and

    Westminster Bank

      ( 1 9 1 5 )

      84  L.J.K.B.  1846 . . 32

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    - vi -

    TABLE OF CASES.

    Jayson v. Midland Bank /~1968

    _

    1 Lloyd's R ep . 409 . . . 24

    Joachimson v. Swiss Banking Corporation (1921)

      3

    K.B. 110 . . . . . . . . . . . . 14» 17» 2 1, 22

    Kepitagalla Rubber Estates ltd. v. National Bank

    of India Ltd. /~1909

    _

    2 K.B. 1010 39, 40

    Ladbroke & C o. v. Todd  ( 1 9 1 3 - 1 4 )  30

     T.L.R.

     433 . . . . 8

    London Joint Stock Bank Limited v. Macmillan

    /~1918

    _

    A.C . 777 29

    Matthews v. William s, Brown & Co . (1894) 63 1.J.Q.B.494 . . 6'

    Mc Eroy v. Belfast Banking Co. Ltd. (1935) A.C . 24 . . . 1 1

    Oriental Bank of Malaya v. Rubber Industry

    (Replanting) Board /~1957

    _

    M.L.J. 153 10

    R v. Kinghorn /~1908

    _

    2 K.B. 949 44

    Robinson v. Midland Bank Ltd. (1925) 41 T.L.R. 402 . . . 1 1

    Shields Estate, Re

      / 1 9 0 1

    _

    I.L.R.

     172 2

    Sims v. Bond /~1833

    _

    5

      B

     & Ad. 389 16

    Sinclair v. Brougham (1914) A.C . 398

      1 4

    Tournier v . National Provincial & Union Bank

    of England

      /~1924

     

    1 K .B . 461

      . 40 , 42

    United Dominions Trust Ltd. v. Kirkwood (1966)

    All E.R. 986 2

    United Overseas Bank v. Jiwani /~19 77

    _

    1 All E.R. 733 . . 39

    Universal Guarantee Pty Ltd. v. National Bank

    of Australasia Ltd. /~1965

    __

    2 All E.R. 98 39

    Westminster Bank Ltd. v. Hilton (1926) 43

     T.L.R.

     124 . . 36

    Williams and Others v. Summerfield /~1972

    _

    2 Q.B. 512 . . 44

    Wilson v. United Counties Bank ltd. (192 0) A.C. 102 . . . 23

    Woods v. Martins Bank

      J 1 9 5 9 )

      1 Q.B. 55 6, 8

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    - vn;--

    TABLE OF STATUTES.

    43

    Banking Act 1973 (Act 102)

    S. 36

    S • 3 ( )̂ • • •

    S

     •

     2 * • •

    1, 41 , 43

    3, 4

    4,

     5

    Bills of Exchange Act 1949 (Revised 1978) (Malaysian)

    S. 24

    S. 64(2)

    S. 73

    S. 75

    S. 80

    S. 81

    S. 85

    Bills of Exchange Act 1882 (English)

    3• 82 • « • • *

    Civil law Act 1956

    S  5 • • • « •

    Income Tax Act (Revised 1971)

    S. 79

    e • •

    Internal Security Act ( Revised 1972 )

    S. 76

    Kidnapping Act 1961 (Act 41)

    S»  7 • • •

    . 25

    . 28

    . 20

    . 36

    . 30

    . 31

    6, 35

    . 32

    . 43

    . 45

    . 45

    . 46

    Banker's Book (Evidence) Act 1949 (Revised 1971)

    s •  7 ( 1 ) • • • • • • •

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    - viii -

    TABLE OF STATUTES.

    Prevention of Corruption Act (1971) (Act 57)

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    CHAPTER I

    Bank, Banker and Banking.

    In England, the definition of a bank'^or banker has

    caused considerable confusion as Parliament has never defined

    those terms. In Malaysia, although the terms are defined in

    the Banking Ac t, 1973 confusion however arises over what

    the authorities concern. it to mean since in Malaysia,

    whether a body is a. bank or no t, depends on whether or not

    it has been granted a banking licence from the Minister.

    Sheldon stated that it may either be unprofitable or

    undesirable to try to answer the question What is a bank?

    apart from the particular context in which it is asked. This

    is because different criteria may be found to apply in different

    cases-and indeed in some contexts, a person may be a bank

    p

    simply because some authorithy says he is .

    In Malaysia, the words 'banker' and 'bank' are used quite

    loosely. Quite often employees of banks are described as

    'bankers'.

    Hart has described a bank and a banker as a person or

    company carrying on the business of receiving moneys , and

    collecting drafts for customers subject to the obligation

    of honouring cheques drawn upon them from time to time by the

    customer to the extent of the amounts available on their

    •5

    current accounts.

    In Halsbury's laws of England, the term receives a similar

    but much wider meaning. A banker is defined as an individual,

    partnership or corporation, whose sole or predominating business

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    - 2 -

    is banking, that i s, the receipt of money on current or deposit

    account and the payment of cheques drawn by and the collection

    of cheques paid in by a customer. Here the Court must

    ascertain, without prejudice to other businesses of the

    company, person or corporation, which is its predominating

    or primary business. If it is banking business, then the

    company or person must be a bank. In other words, if the

    banking business is subsidiary to another major business or

    other businesses carried on by the same concern, that

    concern is not a banker.

    4

    The leading case supporting this view is Re Sheilds Estate .

    Here, one laberto, carried on several classes of business,

    stock-broking, a.gency and money broking, including some

    banking business. The Court held that banking was not his chief

    business but was only ancillary to it and,therefore, he was

    not a banker.

    Yet another definition of a bank is given by Paget.

    In his view, no one and nobody, corporate or otherwise can

    be a. banker who does not conduct current accounts, pay cheques

    5

    drawn on himself and collect cheques for his customers.

    In United Dominions Trust v. Kirkwood^ where the question

    was whether a certain finance house was carrying on banking

    business or not, the handling of cheques as a requisite

    function of a bank was stressed by lord Denning, who said:

    Money is now paid and received by cheques to such an extent

    that no person can be considered a banker unless he handles

    cheques as freely as cash .

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    - 3 -

    Thus the traditional view that no one may he considered

    a hanker unless he pays cheques drawn on himself was

    re-affirmed.

    In Malaysia, the term'Bank' is defined in the Banking Act

    Q

    of 1973 as any person who carries on hanking business.

    Further it is provided in

     S.3(1)

     of the same Act that:

    Banking business shall not be transacted in the Federation

    except by a. corporation which is in the possession of c

    licence in writing from the Minister authorizing it to

    do so.

    Thus a bank in this country must be a corporation carrying

    on banking business and holding a licence from the Minister.

    Unlike the practice in Malaysia, in England, there are

    private bankers. They are private persons who keep banks

    and engage in the business of banking by receiving money on

    deposit with or without interest, by buying and selling bills

    of exchange, promissory no tes , bonds or stock, or other

    securities,

     and by lending money without being incorporated.

    The next question to be asked is What is 'banking business'?

    In this regard the banking Act 1973 provides that banking

    business means:

    The business of receiving money on current or deposit

    account, paying and collecting cheques drawn by or paid in

    by customers and making advances to customers and includes

    such other business as the Central Bank with the approval

      Q

    of the Minister may prescribe for the purpose of this Act.

    The section thus tells the function which a person has to

    perform in order that he may be said to be trading as a b a n k

    e r #

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    - 4 -

    However, if the status of a hanker is to be taken solely in

    this context then those persons or organizations who

    undertake directly or indirectly, wholly or partially

    some of these activities should qualify as a banker.

    Finance companies for instance receive monies on deposit

    accounts and make loans and advances to their customers.

    In the same vein, moneylenders perform a. parallel function

    of borrowing from one source to lend to another and on a.

    broader scale too, there exist co-operative societies

    inviting subscriptions and deposits from their members

    only to lend to others. Can these bodies be then considered

    as banks?.

    It is therefore necessary to draw a line to distinguish

    institutions which come under the regulations of the Banking

    Act 1973 a.nd those others which fall outside it;

    Under Section 3(1) of the Banking Act 1973, it is.stipulated

    that banking business shall not be transacted in the Federation

    except by a corporation which is in the possession of a licence

    in writing from the Minister authorizing it to do so.

    Thus it can be concluded tha.t the distinction between a bank

    and other bodies carrying out seemingly similar functions (and

    thus does not come under the Banking Act regulations) lies in

    the fact that banks possess a licence authorizing it to carry

    the bussiness underlined in S.2 .

    Under the circumstances therefore in order for a concern to

    become a banker it has to perform not only the basic functions

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    - 5 -

    underlined by section 2( 1) but also it must be in possession

    of a licence from the Minister of Finance authorizing it

    to perform such functions specifically as a banker and the

    licence is only granted to a. corporate body.

    It should be noted that Section 9 of the Banking Act 1973

    prevents any person or body of perso ns, other than a bank

    (apparently within the meaning of the Act) to use the word

    bank or any of its derivatives, or any other word indicating

    it transacts banking business except with the consent in

    writing of the Minister.

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    CHAPTER

     I

    1 .  Act  102 of 1973.

    2.  Sheldon, Sheldon's Practice and Law of Banking,

    1972, 10th Ed., p. 159.

    3. Hart,

     H.L, The Law of

     Banking,

     1931, 4th Ed.,

    Vol. 1, p. 1.

    4.

      Z~1901 J I.L.R. 172.

    5. Paget, Paget's Law of Banking, 1972, 8th Ed., p. 4.

    6. ( 1966 ) 1 All E.R 968.

    7.

      ibid at p. 975.

    8.  S.2, Banking Act 1973 (Act No. 102 of 1973)

    9.  ibid.

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    - 6 -

    CHAPTER II

    Who is a customer?

    It is important to know whether or not a. person is a customs?

    of a hank. And if he is indeed a customer, it is also relevant

    to know at what point of the dealing does he become one. This

    is important because the rights and obligations of each party

    flow from the relationship. The importance can be explained

    further by the fact that the Malaysian Bills of Exchange Act

    1 9 4 9

      (Revised 1978) protects a. bank collecting money on behalf

    1

    of a person only if that person is a 'customer'.

    The question of who may be called a. banker's customer is

    not answered by any specified definition of the word in any

    of the key legislations governing banking business in this

    country. Resort has therefore to be made to decided cases in

    order-to appreciate the legal interpretation of what constitute

    a customer.

    The cases deciding this issue have adopted differing views.

    2

    In one English case, Woods

     v.

     Martins Bank , the Court even

    held that a person who had not yet opened an account could

    become a customer of a bank.

    In yet another early English case of Mathews v. Williams,

    •3

    Brown and Co. . which concerned a stolen cheque discounted by

    a banker it was held that the thief was not a customer of the

    bank. Justice Cave's dictum on this point was as follows:

    The word 'customer' involves use and habi t. There was

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    - 7 -

    nothing of the kind here, and this man who presented the

    cheque cuuld not he described as a. customer. He was a stranger

    of whom the hank who paid him knew nothing. They did not

    even know his name or his place of abode. They knew nothing

    about him. It is absurd to speak of his being a 'customer'

    of the bank. He was an absolute stranger to them. One

    transaction - the one in question  

    does not make a man a 'customer'."

    The view to the effect that the word "customer" involves

    something of use and habit was not however accepted in the

    later case of Great Western Railway Co. v. London and County

    Banking C o . L t d w h e r e a bank had cashed cheques for about

    twenty years for a man who had no account with the bank.

    Both the trial judge and the Court of Appeal held that he was

    a customer, but the House of Lords took the opposite view.

    Lord Davey in his judgment stated:

    "It is true there is no definition of customer in the Act,

    but it is aC-w ll-known expression^^and I think that there must

    be some sort of account, either a. deposit or a current account

    or some similar relation, to make a. man a. customer of a. banker.

    On the facts proved in this case I do not think the respondents

    undertook any duty towards Huggins. They took the cheque he

    offered in payment

      o

    sum to be placed to the credit of their

    customers and gave him. the change, or in some cases (though

    it is not proved)they may have bought his cheque possibly for

    their own convenience in remitting to the head office. But this

    will rot in my opinion, prove that Huggins was a customer, or

    that they undertook to collect the cheque on his behalf so as

    to bring them within the protection of section 82."

    In the Privy Council case of Commissioners of Taxation v.

    7

    English, Scottish & Australian Bank Limited it was stipulated

    that "continuos dealing" was not of the essence, and that a

    "customer" relationship bega.n immediately when an account was

    opened and cheques paid in for collection.

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    - 8 -

    Lord Dunedin delivering the judgment of their Lordships

    stated:

    T-hedbr Lordships are of opinion that the word customer

    signifies a relationship in which duration is not of the

    essence. A person whose money has been accepted by a bank

    on the footing that they undertake to honour cheques up to

    the amount standing to his credit is, in the view of their

    Lordships,

     a. customer of the bank in the sense of the statute,

    irrespective of whether his connection is of short or long

    standing. The contrast is not between an habitue and a newcomer,

    but between a person for whom the bank performs a casual

    service, such as, for instance, cashing a cheque for a. person

    introduced by one of their customers, and a person who has an

    account of his own at the bank.

    In Ladbroke & Co. v. Todd it was held that the moment a

    person tendered cash to a. banker on the latters

    1

      undertaking

    to repay such cash on demand, that person became a customer

    of the bank.

    Bailhache J. stated that:

    There must be a time when he began to be a customer. His

    Lordship thought a person became a customer of a bank when

    he went to the bank with money or a cheque and asked to have

    an account opened in his name andUhe basalt accepted the money

    or cheque and was prepared to open an account in the name of

    that person. He thought the person became a customer then, and

    after that he was entitled to be called a customer of the bank.

    He did not think it was necessary that the person should have

    drawn any money or even that he should be in a position to

    draw money. He thought such person became a customer the moment

    the bank rgceived the money or cheque and agreed to open an

    account.

    As mentioned earlier, in the case of

     Woods v.

      Martins Bank

    it   - . c s  decided that even a person who has not opened an account

    could became a customer. However, that case should be read in

    the context of the special circumstances of the case.

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    -  9 -

    In Wood's  case,

     a man who had

     been introduced

     to a

     hank

    manager

     was

     given certain advice

     by the

     manager about

    investing money.

     The

     manager then dictated

     a

     letter address

    to the bank for this man to sign instructing the bank to

    deal in a specified way with the proceeds of repayment of

    an investment with

     a

     building society.

    The letter authorised the bank to apply the greater part of

    the proceeds

     in

     making

     the

     investment which

     the

     manager

     had

    advised, and the balance was to be retained by the bank to

    the order of the person signing the letter. It was held by

    Salmon

     J.,

     that

     the

     relationship

     of

     banker

     and

     customer

    existed as from the date when the bank accepted the instructions

    contained in the letter even though an account was not opened

    v

    ?ntil about three weeks later.

    Salmon J.: In my view  the defendant bank accepted the

    instructions contained

     in

     this letter

     as the

     plaintiff's

    bankers,

     and

     tt^any rate from that date

     the

     relationship

    of banker and-customer existed between them. It is true

    that the express advice was in the first place given before

    the9th May, but it was

     implicity repeated

     on

     that

     day. On

    June  1 , 1 9 5 0 ,  the defendant bank opened a current account for

    the plaintiff and it is conceded that from this date the

    relationship

     of

     banker

     and

     customer existed between them.

    The next point taken

     by the

     defendants'.'is ..that

     the

    plaintiff

     was not a

     customer

     of the

     defendant bank

     at the

     date

    of the first transaction in May,1950, in that no current account

    had then been opened by the plaintiff and that, therefore, they

    owed vthe plaintiff

     no

     duty

     of any

     kind,

     at any

     rate

     in

     respect

    of this transaction

     of

     May,1950.

     I

     have already stated that,

    in my judgment, the plaintiff was a customer of the defendant

    bank on May  9, 1 95 0. Nevertheless, even if he did not become

    a customer until later,

     the

     defendants would still,

     in my

    judgment, have been under a duty to exercise ordinary care

    and skill in advising him in relation to the

      £ 5 , 0 0 0 / -

    transaction.

    From

     the

     above cases

     it can be

     concluded that

     the

     general

    view is that a person qualifies as a 'customer' only after he

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    has opened an account with the hank.,. However, Holden is of the

    opinion that it is possible that the general rule should be

    qualifies to the extent that a person who is about to open

    1 2

    an may sometimes be regarded as a, customer.

    A local case which deals with the question of whether a

    person could be termed a. customer is the case of Oriental

    Bank of Malaya v. Rubber Industry (Replanting) Board.

    1

    5here

    it was held that the term 'customer' represents a relationship

    in which duration is not of the essence (following the

    decision in Commissioners of Taxation v. English, Scottish

    1

     

    and Australian Bank) and that the moment a person has his

    monies accepted by a. bank on the understanding that he may draw

    cheques up to': the amount standing in his account with the

    banker, that person is regarded as the latter*s customer

    notwithstanding the fact that such person's relationship with

    the banker has only just begun and it is not of a. long standing

    duration. This appeal case concerned a, misappropriated cheque

    paid in by customer to open an

     ;

     account with the defendant -

    appellent bank. The proceeds of the cheque were subsequently

    withdraw by the customer and the drawers brought ah action

    against the bank. One of the points at issue was whether the

    person could be termed a 'customer' with only an initial

    transaction of the account.

    Finally, if an account is opened in a. person's name by another

    who either impersonates him, or represents himself as having

    authorithy to open the account when he does not, there is no

    contract or other legal relationship between the bank and the

    person in whose name the account stands, and he is therefore not

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    a customer. In other words a person does not become a

    customer of a bank unless he opens an account with it

    himself, or at least authorises another person to do so.

    This point became significant in the case of R o M n s o n v.

    1 5

    Midland Bank Ltd where an account was opened in the

    plaintiff's name with the defendant bank, by a conspirator

    in a blackmail plot who-

    ;

      paid in a cheque obtained from

    the blackmail victim in return for a promise not to reveal

    his indiscretions with the plaintiff's wife. It was held

    by the Court of Appeal that since the conspirator acted

    without the plaintiff's authority^and used the plaintiff's

    name- fictitiously merely in order to carry out the conspiracy,

    there was no contract between the plaintiff and the defendant

    bank, and he could not therefore claim the proceeds of the cheque

    after it had been collected. Similarly, it was held by a majority

    of the House of Lords in Mc Eroy v. Belfast Banking Co. L t d ^

    that when a father directed his bank to transfer a deposit

    account in his name into the joint &ames of himself and his

    son, the son did not thereby become a customer because he

    had not opened the account himself and neither did he ask

    the father to open the account for him. Therefore he did

    not enter into any contractual relationship with the bank.

    The legal definitions of a bank and the business of

    banking, as shown above, concentrate on the traditional

    elements of commercial banking as its essential and

    indispensable ingredients and it is not therefore surprising

    to find that legal definition of a customer of a bank depends

    on these same elements. A customer of a bank can be concluded

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    as a person who has applied to it to open a current or deposit

    account in his name and whose application has been accepted

    by the bank. It is not necessary that the account should

    have been opened for a minimum length of time, or that it

    should have been operated by the customer making a certain

    minimum number of payments into it or drawings against it.

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    CHAPTER II

    1 .

      S.85 Bills of Exchange Act  1949  (Revised 1978)

    2.

      ( 1959 ) 1 Q.B. 55.

    3. ( 1894 ) 63 L.J.Q.B. 494.

    4.  ihid at p. 498.

    5.  £ 1901  J; A.C. 414.

    6. ihid at p. 420.

    7.

      L

     1920

     J

    A.C. 683.

    8. ihid at p. 687.

    9 .  ( 1913 - 14 )  30

     T.L.R.

     433.

    10.

     ihid at p. 434.

    11.

     Supra.

    12.

     Holden, J. Milnes, The Law and Practice of Banking,

    1970, 2nd Ed., p. 26.

    13.  1957 J MLJ 153.

    14.

     Supra.

    15. ( 1925 ), 41 TLR 402.

    16.

      f~ 1935J  A.C. 24.

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    CHAPTER III

    THE NATURE OF BANKER-CUSTOMER RELATIONSHIP.

    In legal theory, the relationship is contractual in

    nature. But a remarkable feature of the contract is that its

    terms are not usually embodied in any written agreement

    executed by the parties. In practice the most important

    procedure when opening a current or deposit account is

    the signing of a 'specimen signature card

    1

    . There is for

    example no formal agreement which provides that a banker

    must maintain strict secrecy concerning his customers'

    accounts.

    Status of Relationship.

    The exact status of the relationship between a banker

    and a customer must next be examined because it is that

    status which entitles the pa,rties to certain rights and

    imposes on them certain obligations.

    a) Is it a, bailor-bailee relationship?

    Occasionally a piece of valuable may be lodged with a

    bank.for safe keeping. Here the legal status of the bank

    is that of a bailee because the valuable remains the property

    of the bank is obliged to return it in due course.

    However, when money is the subject of the bailment, the

    position changes. Money is currency and as such has legal

    characteristics which do not belong to things in possession.

    When bank notes are paid over as currency, so far as the payer