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- Path: sparky!uunet!zaphod.mps.ohio-state.edu!magnus.acs.ohio-state.edu!usenet.ins.cwru.edu!agate!dog.ee.lbl.gov!news!nosc!crash!lairdb
- From: lairdb@crash.cts.com (Laird P. Broadfield)
- Subject: Re: bank errors - who's r
- Organization: "Well, a head on top, an arm on each side, two legs...."
- Distribution: misc
- Date: 20 Nov 92 17:29:59 GMT
- Message-ID: <lairdb.722280599@crash.cts.com>
- References: <1992Nov16.1297.20323@execnet>
- Lines: 25
-
- In <1992Nov16.1297.20323@execnet> "hilary miller" <hilary.miller@execnet.com> writes:
-
- >Laird P. Broadfield, in a message to All on 11-15-92 at 10:01am, said:
- >LP>|Is this really the case if it is the depositor's error, not the
- > |institution's? This seems goofy. What is the train of logic here?
- > |___________________________________________________________________
-
- > The principle is called, alternatively, "money paid by mis-
- > take," which is an old common count, and "unjust enrichment."
- > At common law, if you pay money by mistake to someone who was
- > not entitled to it, you can recover it by a suit at law.
-
- I was right. It is goofy. If I'm enough of a dummy to put the wrong
- number on the slip, then too bad. (Oh well.)
-
- > Today, there is usually a contract (which no one ever reads)
- > between the bank and its depositor which gives the bank the
- > right to charge the customer's account for mistaken credits.
- > Also, you might take a look at UCC 4-212 et seq.
-
- :-) What mistake? They put it in according to the instructions on the slip!
-
- --
- Laird P. Broadfield lairdb@crash.cts.com ...{ucsd, nosc}!crash!lairdb
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