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Q: Banking Law - Right of combination ( No Answer,   0 Comments )
Question  
Subject: Banking Law - Right of combination
Category: Business and Money
Asked by: mrsifter-ga
List Price: $40.00
Posted: 11 Apr 2005 23:48 PDT
Expires: 24 Apr 2005 08:36 PDT
Question ID: 508213
I have a few questions to do with australian banking law on the right
of combination. I need citations from common law and statute law if
possible in the answers. Please answer as quick as possible

1.	Customer C has two accounts, Account no 1 with a debit balance of
$100 and Account No 2 with a credit balance of $100. On the first of
the month C assigns the debt to D by faxing the following message to
the manager "Please pay the $100 in Account No 2 to D". He also faxes
a copy of this message to D. On the second of the month the bank
attempts to combine the two accounts. Can it legally do this?

2.	Customer E has two accounts, Account No 1 with a debit balance of
$100 and Account No 2 with a credit balance of $100. The bank hears
from a reliable source that some of the monies in the account belong
to another person F since E was selling some of F's goods and since F
was away on holidays E put the money in his Account No 2. Can the bank
legally combine Accounts 1 & 2?

3.	John and Betty have a joint account (it is not a joint and several
account but requires both of them to sign). Assume that John and Betty
had not signed anything expressly allowing the joint account to be
combined with other accounts. John had also signed a personal
guarantee covering a loan to a company he controlled. Can the bank
combine the debit liability of the guarantee with the joint account?
Would your answer be any different if John and Betty?s account was
joint and several liability?

4.(a)Is the right of combination the same as the banker's lien?  
(b)Consider this in the light of the following. Joe has 2 accounts at
the X bank. No 1 with a debit balance of $3500.00 and a number 2
account into which there have just been deposited some cheques which
value $3500.The bank seeks your advice as to whether it should collect
the cheques for Joe and then combine the accounts or whether it should
keep the cheques and claim a lien on them and prove as a secured
creditor in Joe?s bankruptcy. Is there any advantage of one over the
other?


Thanks. I need a good answers, something that I can turn into about a
600 word answer for each question. I have looked everywhere and can't
find any good material to get answers from, so you guys are my last
resort.
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