[Previous] [Next]
§12A-4A-205.
§12A-4A-205.
ERRONEOUS PAYMENT ORDERS
(a) If an accepted payment order was transmitted pursuant to a
security procedure for the detection of error and the payment order
(i) erroneously instructed payment to a beneficiary not intended by
the sender, (ii) erroneously instructed payment in an amount greater
than the amount intended by the sender, or (iii) was an erroneously
transmitted duplicate of a payment order previously sent by the
sender, the following rules apply:
(1) If the sender proves that the sender or a person acting on behalf
of the sender pursuant to Section 14 of this act complied with the
security procedure and that the error would have been detected if the
receiving bank had also complied, the sender is not obliged to pay the
order to the extent stated in paragraphs (2) and (3) of this
subsection.
(2) If the funds transfer is completed on the basis of an erroneous
payment order described in clause (i) or (iii) of subsection (a) of
this section, the sender is not obliged to pay the order and the
receiving bank is entitled to recover from the beneficiary any amount
paid to the beneficiary to the extent allowed by the law governing
mistake and restitution.
(3) If the funds transfer is completed on the basis of a payment order
described in clause (ii) of subsection (a) of this section, the sender
is not obliged to pay the order to the extent the amount received by
the beneficiary is greater than the amount intended by the sender. In
that case, the receiving bank is entitled to recover from the
beneficiary the excess amount received to the extent allowed by the
law governing mistake and restitution.
(b) If (i) the sender of an erroneous payment order described in
subsection (a) of this section is not obliged to pay all or part of
the order, and (ii) the sender receives notification from the
receiving bank that the order was accepted by the bank or that the
sender's account was debited with respect to the order, the sender has
a duty to exercise ordinary care, on the basis of information
available to the sender, to discover the error with respect to the
order and to advise the bank of the relevant facts within a reasonable
time, not exceeding ninety (90) days, after the bank's notification
was received by the sender. If the bank proves that the sender failed
to perform that duty, the sender is liable to the bank for the loss
the bank proves it incurred as a result of the failure, but the
liability of the sender may not exceed the amount of the sender's
order.
(c) This section applies to amendments to payment orders to the same
extent it applies to payment orders.
[Previous] [Next]