LAW (BANKING) 255
Take Home Test
Semester 1, 2011
Name: Lin Dongyu
Student Number: 14671458
Due date: 21/04/2011
Total word: 997 words
Briefly explain, by reference to case law, why it is difficult to define the term “the business of banking”.
For the term “the business of banking”, the statute definition is inadequately, even some statute laws can help with the understanding about “the business of banking” but the definitions they are provided still not adequate (Waldeck & Giardina). Moreover, it become more difficult for defining “the business of baking” today as the fact that over the years and bank services are more diversified (Waldeck & Giardina).
The case law Australian Independent Distributors Ltd v Winter (1965)
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The Greenwood duty which from the case Greenwood v Martin Bank Ltd [1933] AC 51 mention that the plaintiff’s wife had forged a series of cheques on his account. When he found the forgeries, he threaten notify the bank immediately. However, his wife explained she just uses those money to help her sister in legal action and in second time, he discovered that his wife still forged cheque from his account and he threatens to notify the bank. Then, his wife committed to suicide. He brought the action to prevent the bank from maintaining the debit to the account for the amount of the forged cheques, the court held that had been breach of duty by he failing to notify the bank about the forged event immediately. In conclusion, this case is notify bank of any forgeries on the account known to the customer (no require to seek out), there are also two extensions for any unauthorized transactions and withdrawals (Tyree 2008).
Furthermore, some further duties have been sought to be imposed on customer in order to protecting the bank’s interests. The additional duties could be classified into three categories and those duties have been the subject of recent case law (Tyree 2008). “The passbook has been replaced by the bank statement which is sent at intervals to the customer and the current practice seems to favour the
- Most important grades you’ll ever get. Your credit score sets the interest rate on any money that your borrow.
To elaborate further, a banking representative is required to present or extend some kind of product referral after every conversation. The representative makes the referral and phrases something incorrectly. If the consumer misinterprets the information and later disputes the validity of a debt, a lawsuit will arise. Most of the time, if the expense is petty, a firm will pay out a demand without dispute. If the issue goes to court and is pursued, the conversation between the representative and the consumer will be reviewed and interpreted in favor of the consumer. As a result of common complacency issues, the government imposed regulations to reduce the frequency of claims. Preventing unnecessary suits, fees, or fines is a priority amongst all financial institutions and Sun Trust should have incorporated such external influences in their risk register along with contingencies to resolve the issues and implement preventative measures.
There are various categories of banking; these include retail banking, directly dealing with small businesses and persons. Commercial and Corporate banking which offers services to medium and large businesses (Koch & MacDonald 2010). Private banking, deals with individuals, offering them one on one service. The last category is investment banking. These help clients to raise capital and often invest in financial markets. Most global banking institutions provide all these services combined. With all these institutions in existence within the same localities and offering similar services, there is a need to regulate the industry so as to protect the consumer and provide fair working environment for all banks (Du & Girma, 2011).
The third case where the no access level could be applied in this business is customers and other third parties having access to computer passwords. Having access to this information is a potential threat to the bank because this can enable them in accessing crucial information about the bank. In some instances, some customers could log into the bank’s system and credit their accounts with huge sums of money. This will plunge the bank into huge losses that could lead to its closure. Furthermore, the bank can warn customers against sharing bank account information with other people. In case the credit card of a customer gets lost, the customer will be at risk of losing his or her money if a person who knows details of the card gets access to it.
4. Discuss the tort action of “Interference with Contractual Relations and Participating in a Breach of Fiduciary duty” and, if the bank you’ve chosen were to behave as
Alexander Hamilton proposed using a banking system in America in 1781 after seeing how beneficial they were in other nations for advancing trade. In 1791, First Bank of the United States became the first commercial bank of the United States in Philadelphia, Pennsylvania. By the 1900’s, there were almost 170 banks per every million people in the United States, but because of this, there was a lot of debate about banking and the regulations needed and the fears that people had about the amount of control it was giving the government. This paper will be starting from the Great Depression and talk its way into the current situation of the United States banking regulations and why there is a debate on if there should be more or fewer regulations on banking.
Deutsche Bank, an international universal bank, was internationally active a short time after its foundation. The bank’s early decades were a period of rapid expansion. With its growth Deutsche Bank seemed to be unstoppable. But with the beginning of the First and Second World War the vision to offer a financial services throughout the world was destroyed. Fortunately, the year of 1957 has the status of a second birthday of Deutsche Bank. From this day on, after its reconstruction, the bank becomes active in retail
Before the advent of the Federal Deposit Insurance Corporation (FDIC) in 1933 and the general conception of government safety nets, the United States banking industry was quite different than it is today. Depositors assumed substantial default risk and even the slightest changes in consumer confidence could result in complete turmoil within the banking world. In addition, bank managers had almost complete discretion over operations. However, today the financial system is among the most heavily government- regulated sectors of the U.S. economy. This drastic change in public policy resulted directly from the industry’s numerous pre-regulatory failures and major disruptions that produced severe economic and social
Extensive research has determined that the banking industry is in an unstable state. The industry’s profits have
Banks owe their customers a number of duties so long as the banker-customer relationship is formed . The banker-customer relationship will normally be governed by the law of contract. However,
on banks operation. The study covered 36 out of the 89 banks in the country as at the
Banking products cannot be separated from the person (banker) who markets them. The product and the seller together constitute the
Over the last few decades, private banking has become one of the most important sectors among the financial services industries. Private banking has shown a significant growth during the last decade with increasingly changes as a result of the development of the clients’ economical and demographical needs and expectations. Accordingly, there was a diversification in terms of the products and services offered to customers.
Over the past decades, retail banks have remained the main commercial bank for consumers, rather than corporations or other banks. The investment bank has become more popular amongst individuals, corporations and governments which are interested in raising their profits. Retail banks and investment banks have different organizational structures and activities. So they have many differences, such as services, customers and profits. And this report aims to distinguish between the retail bank and the investment bank in order to identify their specific service areas. Firstly, the author will review some literature focusing on the definitions. Secondly, the author will
The duty of Confidentiality which banks owe their customers has developed into a heterogeneous principle over the past 90 years. In order to analyse this development it is necessary to firstly consider the idea of duty of confidentiality. Secondly, it is necessary to study the 1924 Court of Appeal judgement in the case of Tournier. Thirdly, this essay will take the Jack Committee report into consideration. Lastly, this paper will briefly mention the Banking code, it will also discuss the impact of the Data Protection Act. To conclude this essay will consider the future of the duty of confidentiality.