Banks and their customers
✏️[Exercise] 📖[Classic Textbook]




When anyone opens a current account at a bank, he is lending the bank money, repayment of which he may demand at any time, either in cash or by drawing a cheque in favour of another person. Primarily, the banker-customer relationship is that of debtor and creditor--who is which depending on whether the customer's account is in credit or is overdrawn. But, in addition to that basically simple concept, the bank and its customer owe a large number of obligations to one another. Many of these obligations can give rise to problems and complications but a bank customer, unlike, say, a buyer of goods, cannot complain that the law is loaded against him.

The bank must obey its customer's instructions, and not those of anyone else. When, for example, a customer first opens an account, he instructs the bank to debit his account only in respect of cheques drawn by himself. He gives the bank specimens of his signature, and there is a very firm rule that the bank has no right or authority to pay out a customer's money on a cheque on which its customer's signature has been forged. It makes no difference that the forgery may have been a very skillful one: the bank must recognize its customer's signature. For this reason there is no risk to the customer in the modern practice, adopted by some banks, of printing the customer's name on his cheques. If this facilitates forgery it is the bank which will lose, not the customer.

Translation

当某个人在银行开了一个现金帐户,他正在借给银行钱,他可以在任何需要的时候通过现金或者开支票的方式要求银行偿还。根本上来说,银行与客户的关系是债务人和债权人的关系,谁扮演何种角色是由客户帐户是否已透支决定的。但是,除了这个简单概念,银行与客户彼此之间还有很多义务和责任。这些责任可能会引发问题或复杂情况,但与商品消费者不同,银行客户不能抱怨法律对其不利。

银行必须遵守客户的指令,而不是任何其他人的指令。例如,当一个客户开了一个帐户,他给予银行权利仅能根据由他本人签名的支票从其账户里扣钱。他留给银行自己的签名样本,并且有严格的规定要求银行没有权利按照伪造签名的支票划走其账户资金。不管伪造签名的技术多么高超,银行必须辨别客户的签名。因此,现今一些银行采用将客户姓名印制在支票背面的做法,对于客户而言没有风险的。如果签名被伪造,责任将由银行而不是客户承担。

Illustration
Source: Gordon Barrie and Aubrey L. Diamond The consumer society and the law