| 单词 | Wrongful payment |
| 释义 | 錯誤支付 Any payment made to the wrong person or for the wrong amount. Bills of exchange - Any payment under a bill of exchange other than a payment to the legal holder or indorsee of the bill. When a bill payable to order or on demand is drawn on a banker, who has paid the bill in good faith and in the ordinary course of business, the banker is deemed to have paid the bill in due course, even though such indorsement has been forged or made without authority: Bills of Exchange Ordinance (Cap 19) s 60. Where the bill is a cheque, which is not indorsed or is irregularly indorsed, he does not, in doing so, incur any liability by reason only of the absence of, or irregularity in, indorsement, and he is deemed to have paid it in due course and is not further liable in respect of the wrongful payment: s 83(1). See also Bill of exchange. Equity - When a personal representative of a deceased person has made a wrongful payment to the prejudice of the creditors, legatees and next of kin’s claims, they are allowed in equity a direct action in personam against persons who have been wrongly paid or overpaid. However, it is subject to the qualification that the person rightfully entitled must first exhaust his remedy against the personal representative responsible for the wrongful payment: Halsbury’s Laws of Hong Kong, Vol 11, Equity [165.236]. 任何支付對象錯誤或金額錯誤的支付。 匯票 - 根據匯票作出的任何支付，而非向法定持有人或匯票被背書人作出支付。凡屬可憑票要求付款予指定人的匯票，如其受票人是一間銀行，而該銀行真誠地並在通常業務運作中就該匯票付款，而雖然該背書屬假冒或未經授權而作出，該銀行仍被當作已就該匯票按期付款：《匯票條例》（第19章）第60條。凡匯票為一張支票，而該支票未經背書或經不合規格的背書，則該銀行無須僅因該支票無背書或背書不合規招致任何法律責任，並且該銀行須被當作已按期付款：第83(1)條。另見 Bill of exchange。 衡平法 - 當一名死者的個人代表已作出有損債務人、受遺贈人及近親提出申索的不當支付時，則在衡平法上，他們有權直接對作出不當支付或多付的人提起訴訟。但條件是，依法有權的人必須首先就負責不當支付的個人代表實施其補救方法：Halsbury’s Laws of Hong Kong, 第11冊，衡平法，第[165.236]段。 |
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