The Basic Principle of Loss Allocation for Unauthorized Checks
AbstractIt is commonly thought that the Uniform Commercial Code adopts a negligence principle as the basis of loss allocation for the check system. This article argues that this common assumption is wrong. Instead, the fundamental principle of the check system and all other payment systems is that the burden of unpreventable losses should rest with the providers of the payment system rather than with the users of the payment system. The article shows that the old English case of Price v. Neal is not, as is commonly thought, an anomaly but is instead entirely consistent with the basic principle of loss allocation for the check system. The article suggests that a correct understanding of the basic principle of loss allocation has significant implications for the enforceability of agreements between customers and banks concerning checking accounts. Specifically, an approach that appears to be emerging in recent cases concerning forged facsimile signatures on checks can be seen to be fundamentally misguided.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoPaper provided by Boston College Law School in its series Boston College Law School Faculty Papers with number bc_bclsfp-1011.
Date of creation:
Date of revision:
Contact details of provider:
Web page: http://www.bc.edu/schools/law/
checks; forgery; facsimile signature;
This paper has been announced in the following NEP Reports:
- NEP-ACC-2004-07-26 (Accounting & Auditing)
- NEP-ALL-2004-07-26 (All new papers)
- NEP-HIS-2004-07-26 (Business, Economic & Financial History)
- NEP-LAW-2004-07-26 (Law & Economics)
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Christopher F. Baum).
If references are entirely missing, you can add them using this form.