BANKER'S SPECIAL RELATIONSHIP
Chapter notes, video classes, MCQ practice tests and quick-revision one-liners for Principles and Practices of Banking — JAIIB.
One-liners from this chapter
Free sample — 8 of 66 rapid-fire Q&A cards.
What is the primary legal relationship between a bank and its depositor?
The primary legal relationship is that of debtor and creditor, where the bank (debtor) owes money to the depositor (creditor) and must repay it on demand or as agreed.
What type of relationship exists between a bank and a customer who avails a locker facility?
Lessor and lessee relationship exists for safe deposit lockers.
In what landmark case did the courts establish that a bank's relationship with its depositor is one of debtor and creditor, not trustee and beneficiary?
In Foley v. Hill (1848), the House of Lords firmly established that a bank holds deposited money as a debtor, not as a trustee, giving the bank ownership of the funds with an obligation to repay.
What is the relationship between a bank and customer when the bank executes standing instructions?
Bank acts as agent or mandatory of the customer.
What special relationship arises when a bank holds documents or valuables in its safe custody for a customer?
When a bank holds valuables or documents in safe custody, a bailor-bailee relationship arises, where the bank (bailee) holds the goods on behalf of the customer (bailor) and must return them on demand.
What right allows a banker to retain goods pledged as security until the debt is repaid?
Banker's right of lien allows retention of pledged goods.
What legal duty does a bank owe to its customer regarding secrecy of account information?
A bank owes a duty of secrecy to its customer and must not disclose account details to third parties except under compulsion of law, duty to the public, interest of the bank, or with the customer's express or implied consent.
Under which act does the banker's right of general lien find statutory recognition in India?
The Indian Contract Act, 1872 recognises banker's general lien.
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