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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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