Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Leslie Papa Johnson, of Sunshine Park, Subdivision is the widowed father of Sade (22 years old) and Prince (11 years old), and a longtime member

Leslie Papa Johnson, of Sunshine Park, Subdivision is the widowed father of Sade (22 years old) and Prince (11 years old), and a longtime member of the Royal Bahamas Defence Force. Papa had been saving money here and there and putting it under a mattress, but decided he wanted to open a savings account to benefit Sade and Prince, if anything should happen to him. On August 18, 2009, Papa went to the Carmichael Road Branch of Royal Bank of Canada (RBC), and opened a savings account with an account opening amount of $11,000. Papa received his account opening confirmation slip and a copy of RBCs Terms and Conditions. Clause 11 of the RBCs Terms and Conditions, which governed Papas account, provides that: Should a customers savings account drop below the balance of $10,000 (BSD) per month, a monthly maintenance fee, solely at the discretion of RBC, should apply. The monthly maintenance fee at this time was $10 per month. Clause 33 of RBCs Terms and Conditions provided that the terms and conditions were subject to variation by RBC from time to time on notification as required by law. A few months after opening the RBC account, Papa learned that Sade flunked out of University, he was furious! Papa wanted so badly for Sade to focus and succeed, but Sade didn't seem to be listening to him or taking any direction from him. Their relationship soon deteriorated. During this time, Papa and Princes relationship grew stronger. On July 23, 2011, RBC amended its terms and conditions to provide: Should a customers account drop below the balance of $15,000 (BSD) per month, a monthly maintenance fee, solely at the discretion of RBC, should apply. The monthly maintenance fee at this time was $15 per month. At this time, Papa had thirteen thousand dollars in his RBC savings account. RBC notified Papa by sending a letter with the amended terms and conditions to Papa to his mailbox. Unfortunately, Papa rarely checked his mailbox and did not learn of the change. The summer of 2012, Papa placed an order online with XYZ Delivery Service for a cracked conch snack from D N C Takeaway. Instead of charging Papa the $12 listed price for the cracked conch snack, XYC Delivery Service charged $120 to Papa. However, Papa never noticed the charge as he never checked his statements or online account. RBCs terms and conditions provided: Customers are desirous of checking their statements on a monthly basis. In late September 2013, Papa started feeling ill, he wanted to ensure Prince would be straight if anything happened to him, so he went to RBC, Carmichael Road Branch, and opened a joint account with Prince, and transferred the funds from his savings account to he and Princes joint savings account. RBCs terms and conditions applied to this account. On December 5th, 2013, Papa succumbed to his illness and passed away. On September 19, 2021, Sade discovered an old RBC account confirmation statement, and learned that Papa had a banking relationship with RBC. As Sade was appointed administrator of Papas Estate by the Bahamas Supreme Court, she took the requisite documentation to RBC to ascertain the status of any accounts Papa had with RBC. RBC then informed Sade of the joint account Papa had with Prince, and indicated that unfortunately, the proceeds of such funds had been transferred to the Central Bank of The Bahamas, as the account was dormant. 1. Sade has come to you for advice on how she should proceed. What issues arise? Are there any arguments that would bolster or run against Sades assumed positions. 2. Who is entitled, if anyone, to the proceeds of the joint dormant account? What issues arise? Consider all available arguments. 3. Do the amended RBC terms and conditions apply to Papas savings account? If so, why? What about the joint savings account? If so, why

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Commodity Option Pricing A Practitioner's Guide

Authors: Iain J. Clark

1st Edition

1119944511, 978-1119944515

More Books

Students also viewed these Finance questions

Question

Describe the types of power that effective leaders employ

Answered: 1 week ago

Question

Describe how leadership styles should be adapted to the situation

Answered: 1 week ago