LAW5802 Banking and Negotiable Instruments — Unit 4: Banker-Customer Relationship

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Unit 4: Banker-Customer Relationship

4.1 Bank, Customers and Banking Services

The customer is the person who opens an account and maintains a banking relationship — not a one-visit visitor. Services flow both ways: the bank takes deposits, lends, transfers, keeps valuables, and advises; the customer supplies funds, instructions, and fees.

4.2 Characteristics of the Banker-Customer Relationship

  1. Contractual — rooted in the account agreement’s terms.
  2. Fiduciary in part — confidence and secrecy beyond the bare contract.
  3. Continuing — a running relationship, not a single transaction.
  4. Personal in part — the bank must know its customer (KYC under the anti-money-laundering regime).

4.3 Types of Relationship

Relationship Who is who Example
4.3.1 Bailer-Bailee Customer bailer; bank bailee Safe-deposit lockers; valuables held
4.3.2 Trustee-Beneficiary Bank trustee; customer beneficiary Money held for a special purpose
4.3.3 Agent-Principal Bank agent; customer principal Collections, payments on instruction

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