Question
Question 1 Analyze and answer question by following the IRAC format . With reference to the relevant legal provisions and cases, analyse the liabilities and
Question 1
Analyze and answer question by following the IRAC format.
With reference to the relevant legal provisions and cases, analyse the liabilities and rights of Bank
Jaya (if any) in the following situations:
Bank Sinar Berhad has been registered as a commercial bank in Malaysia since 1990. Bank Sinar has more than 1 million depositors. On 12 April 2021, Mr. Hasan, a contractor, opened a Current
Account with the Bank with a deposit of RM15, 000. The next day, he went to the Bank and wished
to withdraw a sum of RM8, 500 but was refused by the cashier of the Bank who gave the reason
as "account not open for long enough". Mr Hasan did not pursue the matter further as he had to
rush back to attend an important business appointment.
On 28 April 2021, Mr. Hasan issued a cheque for RM3,500 to Ah Chong as consideration for a
laptop computer bought for his beloved daughter who was studying in UMS. Unfortunately, the
cheque was dishonoured by Bank Sinar and the slip issued stated the words "Refer to Drawer".
Mr. Hasan was very upset and he knew for certain that he had a sufficient balance in his account
to meet the payment of the cheque. He was so embarrassed as the incident disparaged his good
reputation among his business community as the news about his "bounced cheque" was spread
around by a staff of Bank Sinar, Mr Sebok, who happened to be the cousin of Mr Tatau, Mr.
Hasan's finance manager.
In the meantime, Mr. Hasan had been diagnosed with lung cancer and needed urgent surgery in
Royal London Hospital, England. Mr Hasan had been staying in the UK for one year for his
treatment. Last week, he returned to Malaysia after successfully recovering from his disease. He
remembered all the bad experiences he had encountered with the Bank Sinar. As such, he is
seeking to bring a legal action against Bank Sinar.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access with AI-Powered Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started