Question

Question A The company Ping Pong Ltd has a current account in the bank and approximately 33 cheques were withdrawn from the bank with the total amount of FJ$ 6.6 million. The money drawn bears the signature of Mr. X the managing director of the company who was authorized signatories to its cheques. The cheques are debited to the company current's account but indeed the cheques were not drawn by the company. The signatures were not signed by Mr. X they were forged by an account clerk, Mr Z. Mr Z opened an account which name similar to Real Suppliers' name and persuade Mr X to sign cheques in their favour by producing to him forged documents as evidence of transactions. i. Has the bank breached its duty of care to its customer, Ping Pong Ltd? ii. Has the customer breached its duty of care to its bank?

Answer 1

Answer:

Ping Pong Ltd

i. No.  The bank has not breached its duty of care to its customer, Ping Pong Ltd.

ii. No.  The customer, Ping Pong, has not breached its duty of care to its bank.

Explanation:

The breach occurred between Mr. Z. and Ping Pong.  Certainly, Mr. Z. breached his professional and fiduciary duty of care to Ping Pong, his employer.  By presenting forged documents as evidence of supply transactions, Mr. Z. has fraudulently defrauded his employer to the tune of $6.6 million.  It is the responsibility of Ping Pong to recover from Mr. Z. as soon as the fraud is discovered.