单词 | Gap |
释义 | 缺口 A situation in which something fundamental in the structure of a bill of exchange has been inserted in such a way that an unauthorised change to the item may easily be made, for example where the amount payable on a cheque is fraudulently increased. The only duties in connection with the operation of a current bank account that a customer owed to his bank, in the absence of express agreement, were a duty to exercise due care in drawing cheques so as not to facilitate fraud or forgery, and a duty to notify the bank immediately of any unauthorised cheques of which he became aware; but no wider duty, requiring a customer to take reasonable precautions in the management of his business to prevent forged cheques being presented to the bank for payment, or to take such steps as a reasonable customer would to check the periodic bank statements in order to be able to notify the bank of any items which were not, or might not have been, authorised, could be implied into banking contracts as a necessary incident of the relationship of banker and customer: Tai Hing Cotton Mill Ltd v Liu Chong Hing Bank Ltd & Ors [1985] 2 All ER 947, [1986] 1 AC 80 (PC). See also Acceptor; Bill of exchange; Blank; Material alteration. 指在匯票的內容中載入若干基本項目,而該等項目是易於作出未經授權的修改,例如票據上應支付的金額以欺詐的手段增加。就有關銀行往來帳戶的運作而言,在沒有明訂協議的情況下,客戶對其銀行負有的唯一責任是在簽發支票時須以應有的謹慎行事,以免有助於欺騙或偽造的發生,此外,在已察覺到有任何未經授權的支票,須立即通知銀行。但由於不可在有關的銀行合約默示銀行與客戶之間有必然連帶關係的其他責任,任有關客戶無須在業務的管理中採取合理的預防措施,以防止會有人向有關銀行出示以要求付款的偽造支票,亦無須作為合理的客戶採取有關的措施以定期檢查銀行結單,以便通知銀行任何未經授權或可能未經授權的事項。Tai Hing Cotton Mill Ltd v Liu Chong Hing Bank Ltd & Ors [1986] AC 80(樞密院)。另見 Acceptor; Bill of exchange; Blank; Material alteration。n. |
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