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ACKNOWLEDGEMENTS.
- iii PREFACE.
When a person opens an account with a hank, seldom it is
realised that a contract has been entered into between him
and the bank. The normal steps to be taken to open an account
are simple and short. In fact all that is required to be done
by the prospective customer, at least in the case of a. deposit
account, is just to put his signature or thunb-print on the
specimen signature card. The rest of the work will be done
by the bank.
However,out of this apparently simple act will come into
existence a. debtor-creditor contractual relationship which,
in its turn, establishes the duties of both parties i.
the
iv -
CONTENTS
Preface
iii
Table of Cases
Table of Statutes
viii
Chapter I
Bank, Banker and Banking
Chapter II
Who is a Customer?
Chapter III
6
...
. .
13
Chapter IV
1. Duty to.repay on demand
19
25
28
.
...
...
30
. . . .
31
. . . .
32
34
.
36
38
5. Duty as to secrecy
40
43
Conclusion
48
Appendix
51
Bibliography
53
TABLE OF CASES.
British and North Eastern Bank v. Zalzstein
/T9277 2 K.B. 92
38
26
15
. 4 0
7,
10
. 24
.
15
. 2 7
36
33
22
16,
17
24
.
.
. 2 5
. 2 4
38
32
- vi TABLE OF CASES.
Jayson v. Midland Bank /~1968_7 1 Lloyd's Rep. 409 . . .
24
14 17 21, 22
39, 40
29
. . 6'
.11
10
44
.
.11
16
14
40, 42
39
.
36
. . 23
6, 8
- vn;-TABLE OF STATUTES.
Banker's Book (Evidence) Act 1949 (Revised 1971)
s 7 ( 1 )
43
1, 41, 43
S 3 (^)
3, 4
S 2
4, 5
. 25
S. 64(2)
. 28
S. 73
. 20
S. 75
. 36
S. 80
. 30
S. 81
. 31
S. 85
6, 35
. 32
. 43
. 45
. 45
. 46
CHAPTER I
Bank, Banker and Banking.
In England, the definition of a "bank'^or "banker" has
caused considerable confusion as Parliament has never defined
those terms. In Malaysia, although the terms are defined in
the Banking Act, 1973
quite
current accounts."
In Halsbury's laws of England, the term receives a similar
but much wider meaning. A banker is defined as "an individual,
partnership or corporation, whose sole or predominating business
- 2 -
- 3 -
e r #
- 4 -
- 5 -
CHAPTER I
1.
2.
3.
4.
5.
6.
7.
ibid at p. 975.
8.
9.
ibid.
968.
- 6 -
CHAPTER II
Who is a customer?
It is important to know whether or not a. person is a customs?
of a hank. And if he is indeed a customer, it is also relevant
to know at what point of the dealing does he become one. This
is important because the rights and obligations of each party
flow from the relationship. The importance can be explained
further by the fact that the Malaysian Bills of Exchange Act
1949 (Revised 1978) protects a. bank collecting money on behalf
1
of a person only if that person is a 'customer'.
The question of who may be called a. banker's customer is
not answered by any specified definition of the word in any
of the key legislations governing
- 7 -
nothing of the kind here, and this man who presented the
cheque cuuld not he described as a. customer. He was a stranger
of whom the hank who paid him knew nothing. They did not
even know his name or his place of abode. They knew nothing
about him. It is absurd to speak of his being a 'customer'
of the bank. He was an absolute stranger to them. One
transaction - the one in question j
does not make a man a 'customer'."
"customer" involves
stated:
it was stipulated
- 8 -
undertaking
'-.'cs
- 9 -
- 10 -
an ; account
an initial
- 11 -
- 12 -
should
CHAPTER II
1.
2.
3.
4.
ihid at p. 498.
5.
6.
ihid at p. 420.
7.
L 1920 J,
A.C. 683.
8. ihid at p. 687.
9.
C 1957 J
MLJ 153.
14. Supra.
15. ( 1925 ) , 41 TLR 402.
CHAPTER III
THE NATURE OF BANKER-CUSTOMER RELATIONSHIP.
In legal theory, the relationship is contractual in
nature. But a remarkable feature of the contract is that its
terms are not usually embodied in any written agreement
executed by the parties. In practice