Fraser had an agreement with ABC Bank that any overdrafts in his chequing account would be automatically

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Fraser had an agreement with ABC Bank that any overdrafts in his chequing account would be automatically covered by a cash advance charged to his credit card. On such advances, Fraser was charged interest immediately. Over a year, Fraser experienced 20 overdrafts totalling almost $4000. The bank made 20 deposits to Fraser’s chequing account, but mistakenly charged the cash advances to the credit card of Bush, another customer of the bank. Fraser and Bush both did their banking online. It was a year before Bush noticed the mistakes and brought them to the bank’s attention. After much discussion, the bank reluctantly refunded Bush and then sought payment from Fraser. Fraser claimed that too much time had passed and he had no obligation to pay the money. The bank nevertheless charged the entire amount to his credit card. Who is responsible for the bank’s error?
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Canadian Business & the Law

ISBN: 978-0176501624

4th edition

Authors: Dorothy DuPlessis, Shannnon o'Byrne, Steven Enman, Sally Gunz

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