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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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