Title 11, Chapter 4A, Section 205
( 11-4A-205)
Erroneous payment orders. (a) If an accepted payment order was transmitted pursuant to a
security procedure for the detection of error and the payment order
(i) erroneously instructed payment to a beneficiary not intended by
the sender, (ii) erroneously instructed payment in an amount greater
than the amount intended by the sender, or (iii) was an erroneously
transmitted duplicate of a payment order previously sent by the
sender, the following rules apply: (1) If the sender proves that the sender or a person acting on behalf of the sender pursuant to Code Section 11-4A-206 complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in paragraphs (2) and (3). (2) If the funds transfer is completed on the basis of an
erroneous payment order described in clause (i) or (iii) of
subsection (a), the sender is not obliged to pay the order and the
receiving bank is entitled to recover from the beneficiary any
amount paid to the beneficiary to the extent allowed by the law
governing mistake and restitution. (3) If the funds transfer is completed on the basis of a payment
order described in clause (ii) of subsection (a), the sender is
not obliged to pay the order to the extent the amount received by
the beneficiary is greater than the amount intended by the sender.
In that case, the receiving bank is entitled to recover from the
beneficiary the excess amount received to the extent allowed by
the law governing mistake and restitution. (b) If (i) the sender of an erroneous payment order described in
subsection (a) is not obliged to pay all or part of the order, and
(ii) the sender receives notification from the receiving bank that
the order was accepted by the bank or that the sender's account was
debited with respect to the order, the sender has a duty to exercise
ordinary care, on the basis of information available to the sender,
to discover the error with respect to the order and to advise the
bank of the relevant facts within a reasonable time, not exceeding
90 days, after the bank's notification was received by the sender.
If the bank proves that the sender failed to perform that duty, the
sender is liable to the bank for the loss the bank proves it
incurred as a result of the failure, but the liability of the sender
may not exceed the amount of the sender's order. (c) This Code section applies to amendments to payment orders to the
same extent it applies to payment orders. |