Banking · Banker-Customer Relationship
A customer has issued a written instruction to his bank authorizing his business manager to operate his account. Later, the manager misuses the authority for personal benefit. Which of the following correctly defines this arrangement and the bank's responsibility?
- 1The arrangement is a Power of Attorney, and the bank is always liable for losses due to misuse.
- 2The arrangement is a Mandate, and the bank is not liable for misuse if the signatures and instructions were genuine.✓
- 3The arrangement is a Power of Attorney, and the bank is not liable for misuse if transactions were within apparent authority.
- 4The arrangement is a Mandate, and the bank is liable for losses due to misuse.
Correct answer
The arrangement is a Mandate, and the bank is not liable for misuse if the signatures and instructions were genuine.
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