Title 11, Chapter 4, Section 103
( 11-4-103)
Variation by agreement; measure of damages; action constituting ordinary care. (a) The effect of the provisions of this article may be varied by
agreement, but the parties to the agreement cannot disclaim a bank's
responsibility for its lack of good faith or failure to exercise
ordinary care or limit the measure of damages for the lack or
failure. However, the parties may determine by agreement the
standards by which the bank's responsibility is to be measured if
those standards are not manifestly unreasonable. (b) Federal reserve regulations and operating circulars,
clearing-house rules, and the like, have the effect of agreements
under subsection (a) of this Code section, whether or not
specifically assented to by all parties interested in items handled. (c) Action or nonaction approved by this article or pursuant to
federal reserve regulations or operating circulars is the exercise
of ordinary care and, in the absence of special instructions, action
or nonaction consistent with clearing-house rules and the like or
with a general banking usage not disapproved by this article, is
prima facie the exercise of ordinary care. (d) The specification or approval of certain procedures by this
article is not disapproval of other procedures that may be
reasonable under the circumstances. (e) The measure of damages for failure to exercise ordinary care in
handling an item is the amount of the item reduced by an amount that
could not have been realized by the exercise of ordinary care. If
there is also bad faith, it includes any other damages the party
suffered as a proximate consequence. |