Bank of Nova Scotia Case

Topics: Appeal, Money, Credit card, Cheque, Jury / Pages: 5 (1247 words) / Published: Apr 4th, 2011
International Business and Management Studies

International Law

Case # 2

Mair v. Bank of Nova Scotia

Prepared for: Mr. Urem

Prepared by:

Monica Kuijt Rumayor 08058733

Leron Mardenborough 08084157

Farah Dara Carriza 08059365

Njoek-sien Baptist 09073728

Dennis Kreeft 08079684

Kaylee Hu 09088091

Class: 3 IBMS B

September 29, 2010

Summary of the case

This case is titled: “Mair v. Bank of Nova Scotia”

The main focus of the case is on the Bill of Exchange act. The definition and several examples of other cases concerning this act are mentioned in the case. The actual case that is mentioned is about the appeal from a decision of Judge Robotham date 18th of June 1980. The appellant, an architect, sued the bank of Nova Scotia after noticing that the bank paid out a check that is noticeable altered. The architect wants the bank to pay back the 6000 dollars that the bank deducted from their bank account plus interest and other costs. After taking the case to the trial court the judge dismissed the bank of paying the amount of 6000 dollars and interest.

The architect did not agree with this decision and took the case to the court of appeal. The decision of the court appeal was in favour of the architect. The court based its decision on section 64(1) of the Bill of Exchange Act, and decided that the bank was not holder in due course. However, the court denies the amount that the appellant sued for for damages. The court made a statement concerning the amount of damages that needs to pay. The court states that the bank needs to pay 5 dollars to the appellant for damages.

Background Information and Facts

Bill of exchange (B/E, or draft, as it is sometimes called) is a written, dated, and signed instrument that contains an unconditional order from the drawer that directs the drawee to pay a definite sum of money to a payee on demand or at a specified future date.

The problem occurs in this case is alleging

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