Question
George was one of the partners at Lucky Enterprise. He issued a cheque crossed not negotiable for RM2,000.00. He asked his personal assistant, Suzy to
George was one of the partners at Lucky Enterprise. He issued a cheque crossed not negotiable for RM2,000.00. He asked his personal assistant, Suzy to write the name Cahaya Sdn Bhd as the payee for the cheque. Instead, Suzy who owed Ben for RM2,000.00 put Bens name as payee. Ben then presented the cheque at Bank Bright Berhad (Bank Bright). Unfortunately, Ben was informed by the banker that the cheque is dishonoured. In a separate situation, Bank Bright as a collecting bank was approached by a person named Jack. He brought with him a crossed cheque for account payee only for the sum of RM5,000.00 which he has just stolen from his employer named Jacko. Jack has obliterated the letter o from the payees name that is Jacko. Jack instructed the banker to open a savings account by depositing the value of the cheque into his account. The banker obeyed Jacks instruction. Upon discovering the fraud, Jacko filed a suit against Bank Bright for negligence. Discuss the legal implications in the above situations. Answer using IRAC method (Issue, Rule, Analysis, Conclusion). (Banking Law Question). Apply some act to support the answers.
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