|
|
Restitution
front page
What's
new?
Archive
front page
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2007 2006 2008
2009
|
|
|
<== Previous message Back
to index Next
message ==>
Sender: |
Allan
Axelrod |
Date: |
Thu, 6 Aug 1998 10:51:16 -0400 |
Re: |
Bank overcharging customers |
At 14:44 05/08/98 -0400, Allan AXELROD wrote:
the customer makes demand on the bank---via check or
otherwise--for the amount of his balance properly determined as per
contract--- dishonor of the demand would be a breach, or in the case
of a dishonored check perhaps also slander-of-credit?
[hedley]
An action for defamation would be possible
axelrod:
the US at one time had a rule that wrongful dishonor of a check by a bank
was a 'slander' of credit, and could entitle any merchant depositor to
substantial general damages i always supposed that rule, like any other
quaintly phrased, originated in england-- as relief from the constrictive
specific rule mentioned in HADLEY--that interest was the exclusive measure
of damages for breach of a contract to pay money--and that it arose during
an era--happily past according to most members of this restitution group?--
when the english bench and bar were ACTIVELY engaged in the manipulation
of doctrine??. .
<== Previous message Back
to index Next
message ==>
" These messages
are all © their authors. Nothing in them constitutes legal advice,
to anyone, on any topic, least of all Restitution. Be warned that very
few propositions in Restitution command universal agreement, and certainly
not this one. Have a nice day! "
|