{"id":998,"date":"2018-08-06T14:53:31","date_gmt":"2018-08-06T14:53:31","guid":{"rendered":"http:\/\/uol-law-tutors.com\/?page_id=998"},"modified":"2025-10-01T15:31:11","modified_gmt":"2025-10-01T15:31:11","slug":"commercial-banking-law-bank-customer-relationship","status":"publish","type":"page","link":"https:\/\/uol-law-tutors.com\/index.php\/commercial-banking-law-bank-customer-relationship\/","title":{"rendered":"Commercial Banking Law: Bank-Customer Relationship"},"content":{"rendered":"

Contact Us<\/span> info @ uol-law-tutors.com For Class Times And\/Or One-On-One Lessons.<\/span><\/strong><\/p>\n

This course deals with English law and various features of the relationship between banks and their customers.<\/p>\n

What rights and duties do banks and their customers have?<\/p>\n

Banking is fundamental to any developed economy, banks receive deposit which they lend out and they act as intermediaries in payments.<\/p>\n

The first issue we need to consider is \u2018What is a bank?\u2019 it may be easy to recognize, but rather hard to define.<\/p>\n

Must a business have certain features, and do certain things, before we can call it a bank? What are those things? Why aren\u2019t terms like \u2018bank\u2019, \u2018banking\u2019 and \u2018customer\u2019 clearly defined?<\/p>\n

As we will discover, one reason is that the nature of banking changes rapidly. We\u2019ll also examine other issues, such as \u2018what are the terms of a banking contract?\u2019 and how these questions are not as easily answered as we might think.<\/p>\n

The course also looks beyond these contractual rights and duties, to money and payment systems, questioning each term in detail.<\/p>\n

Module A:\u00a0<\/strong>Banks and Customers<\/h3>\n

LWM72A<\/strong><\/p>\n

    \n
  • What is a bank and who is a bank customer?<\/li>\n
  • The contract: obligations of parties, significance of the mandate, termination of the contract, variation, proper law of the contract<\/li>\n
  • Duty of confidentiality owed by a bank to its customers and the circumstances in which the duty can, or must, be breached<\/li>\n<\/ul>\n

    Module B:\u00a0<\/strong>Duty of Care, Fiduciary Duty, Constructive Trust and Undue Influence<\/h3>\n

    LWM72B<\/strong><\/p>\n

      \n
    • A bank\u2019s duty of care: application and scope of duty<\/li>\n
    • Fiduciary obligations: when does bank become a fiduciary and how can it limit or exclude its obligations?<\/li>\n
    • Constructive trust: when does liability as a constructive trustee arise?<\/li>\n
    • Undue influence: types of undue influence, how can a bank protect its transactions from challenge on the grounds of undue influence?<\/li>\n
    • Constructive trust: when does liability as a constructive trustee arise?<\/li>\n
    • Customer\u2019s duty of care<\/li>\n<\/ul>\n

      Module C:\u00a0<\/strong>Accounts, Money, Payment and Fund Transfers<\/h3>\n

      LWM72C<\/strong><\/p>\n

        \n
      • What is money, how is its transfer conceptualised legally? Chattel and bank money<\/li>\n
      • What is payment and how is it made?<\/li>\n
      • Credit and debit transfers<\/li>\n
      • Clearing and settlement systems<\/li>\n
      • Legal relationships<\/li>\n<\/ul>\n

        Accounts and dispute resolution<\/p>\n

          \n
        • Accounts: types of accounts and their implications<\/li>\n
        • Dealing with complaints: Banking Codes, Financial Services Ombudsman Service<\/li>\n<\/ul>\n

          Module D:\u00a0<\/strong>Cheques and payment cards<\/h3>\n

          LWM72D<\/strong><\/p>\n

          Cheques<\/p>\n

            \n
          • What is a cheque, the obligations of, and defences available to, paying and collecting banks<\/li>\n<\/ul>\n

            Payment cards and recovering mistaken payments<\/p>\n

              \n
            • Payment cards: debit cards, credit cards, charge cards, digital cash cards, etc.<\/li>\n
            • Contractual relationships<\/li>\n
            • Consumer Credit Act<\/li>\n
            • Recovering mistaken payments<\/li>\n<\/ul>\n

              Assessment<\/h3>\n

              Each module is assessed by a 45-minute unseen written exam.<\/p>\n

              Sequence<\/h3>\n

              Students are required to attempt the modules in order.<\/p>\n","protected":false},"excerpt":{"rendered":"

              Contact Us info @ uol-law-tutors.com For Class Times And\/Or One-On-One Lessons. This course deals with English law and various features of the relationship between banks and their customers. What rights and duties do banks and their customers have? Banking is fundamental to any developed economy, banks receive deposit which they lend out and they act […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-998","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/uol-law-tutors.com\/index.php\/wp-json\/wp\/v2\/pages\/998","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/uol-law-tutors.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/uol-law-tutors.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/uol-law-tutors.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/uol-law-tutors.com\/index.php\/wp-json\/wp\/v2\/comments?post=998"}],"version-history":[{"count":0,"href":"https:\/\/uol-law-tutors.com\/index.php\/wp-json\/wp\/v2\/pages\/998\/revisions"}],"wp:attachment":[{"href":"https:\/\/uol-law-tutors.com\/index.php\/wp-json\/wp\/v2\/media?parent=998"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}