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§12A-3-418.
§12A-3-418.
PAYMENT OR ACCEPTANCE BY MISTAKE
(a) Except as provided in subsection (c) of this section, if the
drawee of a draft pays or accepts the draft and the drawee acted on
the mistaken belief that (i) payment of the draft had not been stopped
pursuant to Section 4-403 of this title or (ii) the signature of the
drawer of the draft was authorized, the drawee may recover the amount
of the draft from the person to whom or for whose benefit payment was
made or, in the case of acceptance, may revoke the acceptance. Rights
of the drawee under this subsection are not affected by failure of the
drawee to exercise ordinary care in paying or accepting the draft.
(b) Except as provided in subsection (c) of this section, if an
instrument has been paid or accepted by mistake and the case is not
covered by subsection (a) of this section, the person paying or
accepting may, to the extent permitted by the law governing mistake
and restitution, (i) recover the payment from the person to whom or
for whose benefit payment was made or (ii) in the case of acceptance,
may revoke the acceptance.
(c) The remedies provided by subsection (a) or (b) of this section may
not be asserted against a person who took the instrument in good faith
and for value or who in good faith changed position in reliance on the
payment or acceptance. This subsection does not limit remedies
provided by Section 3-417 or 4-407 of this title.
(d) Notwithstanding Section 4-215 of this title, if an instrument is
paid or accepted by mistake and the payor or acceptor recovers payment
or revokes acceptance under subsection (a) or (b) of this section, the
instrument is deemed not to have been paid or accepted and is treated
as dishonored, and the person from whom payment is recovered has
rights as a person entitled to enforce the dishonored instrument.
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